IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 13586 of 2005 Between: T. Padma, W/o. Ashok, R/o. Reddy Bazar, Mahaboobabad, Warangal District. ..... PETITIONER AND 1 the Sub Inspector of Police, Mahaboobabad, Warangal District. 2 The Circle Inspector of Police, Mahaboobabad, Warangal District. 3 The Sub Divisional Police Officer, Mahaboobabad, Warangal District. 4 The Superintendent of Police, Warangal, Warangal District. 5 Banoth Sakram, r/o. Reddy Bazar, Mahaboobabad, Warangal District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, Order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not taking any action agaisnt the 5th respondent despite lodging complaint is illegal, arbitrary and contrary to the provisions of the Section 173 Criminal Procedure Code and consequently direct the respondent Nos. 1 to 4 to investigate into the complaint lodged by the Petitioner which is registered as Crime No.117/04 and file the charge sheet and pass such other or further orders. Counsel for the Petitioner:MR.P.PANKAJ REDDY Counsel for the Respondent Nos.1 to 4: GP FOR HOME The Court made the following : ORDER: The case of the petitioner is that on a complaint lodged by her on 29.05.2004 against the 5th respondent before the Station House Officer, Police Station, Mahboobabad for the offence punishable under Section 354 IPC, having registered the Crime No.117 of 2004, the police did not complete the investigation and no charge sheet has been filed. It is stated that upon the complaint made by the petitioner, a case in Crime No.117 of 2004 was registered for the offence punishable under Section 354 IPC on 29.05.2004 and completed the investigation and final report was filed referring it as ‘false’. It is stated that for want of service of notice on the petitioner, the final report could not be filed in the Court. In the circumstances of the case, I am of the opinion that there cannot be any justification on the part of the police in not filing the final report before the Court concerned. Further, if the police are unable to serve the notice on the petitioner, they can send the same by registered post acknowledgement due and file a report along with the copy of the acknowledgement or endorsement. Having regard to the facts of the case, the writ petition is disposed of directing the respondents 1 to 3 to file the final report before the Court concerned by sending notice to the petitioner by way of registered post acknowledgement due without any loss of time and it is open to the petitioner to file a protest petition or question the final report. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:24.04.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{JGK