Dismissed

MD Fazulla v. the State of Ap

Andhra Pradesh HC14 Aug 2020WP/1555/2020

Case brief

AI extract

What is this about?

In this writ petition challenging the inaction of police authorities in investigating Crime No.334 of 2018, the Court found that the investigation was already completed and a final report filed by the time of hearing. Consequently, the Court found no ground to issue further directions to the police and dismissed the petition.

What did the court decide?

Directing the petitioner to take appropriate steps against the respondents in accordance with law before the competent Court.

MD Fazulla Vs the State of Ap — Criminal Trial and Appeal | Andhra Pradesh HC (2020)

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.1555 OF 2020

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ORDER :

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This petition under Article 226 of the Constitution of India is filed questioning the action of respondents 1to 3 in not conducting the investigation in Crime No.334 of 2018 of Kurnool III Town P.S., Kurnool District, declare the same as illegal, arbitrary and unconstitutional, consequently direct the 3^rd respondent to conduct investigation in Crime No. 334 of 2018 of Kurnool III Town P.S., Kurnool District.

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It is the case of petitioner that a crime is registered by the 3^rd respondent vide FIR No.334 of 2018 against 1) S.Nazimabee, 2) Syed Abdul Rasheed, 3) Mohmooda Bee, 4) Syed Sadaq Hussain and 5) Shaheda Begum for various offences punishable under Sections 352, 385, 500, 506 read with 34 IPC on reference of the private complaint exercising power under Section 156(3) Cr.P.C by the Magistrate to the police. But, so far no investigation is conducted by the investigating agency, which gave rise to apprehension that the investigation is not being done by the respondent police, hence requested to issue direction to the respondent police to complete the investigation and file final report before the competent Court.

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During the course of hearing, learned counsel for petitioner did not appear. However, learned Assistant Government Pleader for Home reported that entire investigation was over and filed final report before the jurisdictional Magistrate referring the case as false in C.No.252/2019, dated 30.03.2019. Therefore, the question

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MSM,J W.P.No.1555 of 2020

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of issuing any direction to the respondent police to complete investigation in Crime No. 334 of 2018 of Kurnool III Town P.S., Kurnool District does not arise at this stage. However, the petitioner is entitled to take appropriate steps in accordance with law. Hence, I find no ground to issue a direction to the respondent police, giving liberty to the petitioner to take appropriate steps against the respondents in accordance with law before the competent Court.

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In the result, Writ Petition is dismissed.

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As a sequel miscellaneous applications pending, if any, shall also stand closed.

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_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

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Date: 14.08.2020 IS

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MSM,J W.P.No.1555 of 2020

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

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WRIT PETITION NO.1555 OF 2020

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Date: 14-08-2020

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MD Fazulla v. the State of Ap

Case brief

What is this about?

What did the court decide?

MD Fazulla v. the State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

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