WP/28004/2005 of Raj Kumar Vs The Station House Officer, (Inspector of Police) on 30 December 2005

ORDER:

Seeking a Mandamus, declaring the action of the respondent in not taking action onthe complaint dated 17.12.2005 given by the petitioner, as illegal and arbitrary, thepresent writ petition is filed.

Heard the learned counsel for the petitioner and the learned Government Pleader forHome.

The petitioner submits that he was allotted a plot bearing No.9 in block No.15 atAutonagar, Ranga Reddy District in 1982 by the A.P.Industrial InfrastructureCorporation Limited and since then he has been carrying on his business activitiestherein. While so, on 13.12.2005 at 7 a.m. when he was returning home after visitingthe Karmanghat Hanuman Temple on his Scooter, four persons stopped him on the road and threatened him to cut his head and hands if he enters plot No.9, Autonagar.Though he did not care on 13.12.2005 about the said threatening, on 15.12.2005somebody put an iron tin blocking the main entrance near the wall of his plot and onthat tin a contact telephone number as 93464 53389 and contact name as SyedYousuf were given. When he contacts the said telephone, same threatening wascontinuing and therefore, the petitioner made a complaint before the respondent on17.12.2005, but no action was taken by the respondent so far.

I am of the opinion that when a report was made before the officer incharge of thepolice station, it is for him to look into the said report and take a decision whether toregister a crime or not if the allegations contained in the said report discloses primafacie case of a cognizable offence against any person, or otherwise lodge the same.Without taking any action, the respondent cannot maintain silence.

Having regard to the facts and circumstances of the case, the respondent is directedto take a decision on the report/complaint filed by the petitioner on 17.12.2005, andregister the same, if the allegations therein made out any prima facie cognizableoffence, or otherwise, lodge the same, and communicate the fate of the complaint tothe petitioner, within a period of two weeks from the date of receipt of a copy of thisorder.

With the above observations, the Writ Petition is disposed of. No order as to costs.

Dated: 30.12.2005

Dsr

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V.ESWARAIAH,J