P.MADIGA ANAND Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India for the following relief:

(2.) The facts of the case are that the 3rd respondent has lodged a criminal complaint against petitioner by making all false allegations and by creating a false story that he asked her to satisfy his lust and when she rejected, he bore grudge on her. Later, there was a quarrel between his wife and the 3rd respondent and at that time petitioner beat her and abused her in filthy language. Thereafter, when she went to lodge a complaint with the police, they have not registered the complaint. Accordingly, she approached the Hon'ble Judicial I Class Magistrate, Yamiganur, who was in in-charge of Pattikonda JFCM. The Hon'ble Court without recording the statement, affidavit and without any procedure has referred the matter to the 2nd respondent Police and the police registered the crime vide FIR No.126/2015 against him for the offences u/sec. 323, 354, 506 of IPC, 156 (3) or Cr.P.C. but after registering the above FIR, the police has not done any investigation or without following procedure laid down under 41A Cr.P.C.,, illegally taken him into custody and there the police had beaten the petitioner black and blue. To that effect, the petitioner made a complaint against the 2nd respondent before the Human Rights Commission and also SC and ST commission and the same are under enquiry. It is further stated that, the petitioner approached the High Court of Hyderabad for the State of Telangana and the State of Andhra Pradesh for quashing of the FIR No.126/2015 and it was granted stay of all further proceedings in FIR 126/2015. It is further stated that the respondent police have filed charge sheet on 31/12/2015 and in the said charge sheet they have shown him as absconding and the Court has issued NBW warrants to arrest the petitioner. The action of the 2nd respondent in filing the charge sheet even in sptie of there being stay order by the High Court is highly illegal and arbitrary. Hence, the present writ petition.

(3.) This Court vide order dtd. 23/3/2016 has granted interim stay vide WPMP No.12211 of 2016, as under: