JUDGMENT T. Vinod Kumar, J. - The present writ petition is filed under Article 226 of the Constitution of India for issue of a Writ of Mandamus to declare the action of 3rd respondent in not registering FIR based on the petitioner's complaints dated 14.05.2020, 27.05.2020, 09.06.2020, and 15.06.2020 against the 5th respondent herein, as being illegal, arbitrary and violation of fundamental rights guaranteed under the Constitution of India. 2. The above case is taken up for hearing today i.e., 14.07.2020, through Video Conferencing. 3. Heard Sri I. Gopal Sharma, learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for the respondent Nos.1 to 4. 4. The learned counsel for the petitioner submits that though the petitioner sought to give a complaint on 14.05.2020 to the 3rd respondent-Station House Officer, the same was not received by the said authority, whereupon the petitioner sent the same to the Superintendent of Police, Suryapet by registered post. Subsequently, the petitioner had also approached the respondent Nos.3 & 4 and lodged a complaint. However, no case is registered and no action is taken so far and hence, he approached this Court by filing the present writ petition. 5. The learned Assistant Government Pleader for Home has forwarded to this Court by e-mail Written Instructions dated 13.07.2020 under the signature of 3rd respondent-Inspector of Police, Kodad Town Police Station. By the said written instructions, it is stated that the petitioner's complaint dated 14.05.2020 sent to the Superintendent of Police by registered post was endorsed and forwarded to the 3rd respondent through proper channel for taking necessary action as per the facts. 6. By the said written instructions, it is stated that on receipt of the said petition, through proper channel, on 01.06.2020 the same was entered into the General Diary Register and as the contents of the complaint appear to be non-cognizable in nature, a requisition was filed before the concerned trial Court seeking permission to proceed with further course of action on the said complaint received. It is also stated that after obtaining permission from the Judicial First Class Magistrate's Court, Kodad, a case in Crime No.268 of 2020 of Kodad Town Police Station was registered against 5th respondent in the present writ petition and the 3rd respondent authority took up investigation in the matter. 7.
It is also stated that after obtaining permission from the Judicial First Class Magistrate's Court, Kodad, a case in Crime No.268 of 2020 of Kodad Town Police Station was registered against 5th respondent in the present writ petition and the 3rd respondent authority took up investigation in the matter. 7. By the said written instructions, it is also stated that while even before the said permission was granted by the concerned Magistrate court, the wife of the petitioner by name V. Shiva Jyothi, who lodged another complaint with the 3rd respondent on 03.06.2020 at 12:00 hours, and based on the said complaint a case in Crime No.215 of 2020 for the offences punishable u/s.448, 509, 506, 504 read with Section 34 IPC was registered on 03.06.2020 against the 5th respondent and the said case is also under investigation. 8. By the aforesaid written instructions, it is further stated that so far as two FIRs were registered against 5th respondent on the complaints of the petitioner herein as well as his wife, and the investigation in the above said two crimes is under progress. It is also stated that the respondent investigating authority in order to proceed further with the investigation in the above said complaints, would be required to record the statements of the petitioner herein and the complainant in Cr.No. 215 of 2020, and also collect evidence in support of the claim being made by them in the above complaints. 9. Having regard to the submissions made as above by the 3rd respondent authority that the said authority has registered two cases against the 5th respondent herein and took up investigation and is calling the petitioner and his wife only to record the statements in the above crimes registered based on their complaints to enable the authority to proceed further with the investigation in the matter, it is needless to mention that the said authority shall record the statements of the petitioner and his wife, who is the complainant in Cr.No. 215 of 2020 for purpose of conducting investigation into the complaints made by the petitioner and his wife without coercing or intimidating them. Upon recording the statements as claimed under written instructions, the respondent authority shall conduct investigation into the matter to its logical conclusion and take necessary action thereon. 10. Subject to the above observation and direction, the writ petition is disposed of.
Upon recording the statements as claimed under written instructions, the respondent authority shall conduct investigation into the matter to its logical conclusion and take necessary action thereon. 10. Subject to the above observation and direction, the writ petition is disposed of. No order as to costs. 11. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed in the light of this final order.