Disposed

Paladugu Rama Rao, v. The State of Andhra Pradesh

Andhra Pradesh HC18 Aug 2021WP/16403/2020

Case brief

AI extract

What is this about?

This order disposes of a writ petition challenging the police's delay in filing a final report for a theft case declared undetectable. The court directed the investigating officer to file the report within one week due to clear laches.

What did the court decide?

Writ petition disposed of with a direction to the Investigating Officer to file the final report within one week from the date of the order.

Paladugu Rama Rao, Vs The State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY Writ Petition No.16403 of 2020

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ORDER:

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This writ petition is filed seeking declaration that the action of the respondents 3 and 4 in not completing the investigation in Crime No.87 of 2016 and in not recovering the gold ornaments that were stolen and in not filing the charge sheet till now, as illegal and arbitrary and consequently sought direction to the respondents to investigate the matter and file the charge sheet.

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Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for the respondents.

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The petitioner is the de facto complainant in Crime No.87 of 2016 registered by Vuyyur Police of Krishna District. On a report lodged by the petitioner that certain gold ornaments were stolen from his house, the aforesaid crime was registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code, 1860 by the 3^rd respondent. It appears that subsequently the said case was transferred to the Station House Officer of CCS Police Station, II Town, Vijayawada, Krishna District, as the Station House Officer of Vuyyur Police Station was unable to detect the culprit and trace the gold ornaments that were subjected to theft. However, even the Station House Officer of CCS Police Station also could not detect the offence till now and could not recover the gold ornaments till now. No charge sheet is

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also filed till now in a crime which was registered long back in the year 2016.

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Therefore, questioning the said action on the part of the respondent-police officials, in not completing the investigation and in not recovering the gold ornaments that were subjected to theft, the present writ petition has been filed.

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Learned Assistant Government Pleader for Home, on instructions, would submit that as the Station House Officer of Vuyyur Police Station i.e. 3^rd respondent could not recover the gold ornaments that were stolen, steps were taken to transfer the said case to CCS Police Station, II Town, Vijayawada and the Station House Officer of CCS Police i.e. 4^th respondent also could not recover the gold ornaments that were subjected to theft till now inspite of best efforts made by them and as such, the police have decided to refer the matter as undetectable and permission was sought by the 4^th respondent from his superior officers to refer the case as undetectable for filing a final report to that effect and that permission was also accorded to him by his superior officers. So, learned Assistant Government Pleader for Home would submit that the 4^th respondent will file a final report to that effect into the Court. Learned Assistant Government Pleader for Home would submit that permission to file final report referring the case as undetectable was accorded by the Commissioner of Police to the 4^th respondent on 10-01-2019.

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Therefore, from the above submission made by the learned Assistant Government Pleader for Home, on instructions, it is

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evident that permission from the Commissioner of Police was already obtained by the Investigating Officer to file final report long back on 10.01.2019 itself. It is really shocking to note as to why the final report is not filed in the Court of law till now even after obtaining the permission from the Commissioner of Police on 10.01.2019. This shows that there are clear laches on the part of the Investigating Officer in filing the final report. The said laches on the part of the Investigating Officer and the inaction on his part in filing the final report has caused much loss to the de facto complainant, who is unable to pursue his remedy till now.

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Therefore, in the said facts and circumstances of the case, this Court is of the considered view that this Writ Petition is to be disposed of with a direction to the Investigating Officer to file the final report by fixing a time limit to that effect.

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In view of the above, the Writ Petition is disposed of with a direction to the Investigating Officer i.e. Station House Officer, CCS Police Station, II Town Vijayawada, Krishna District, to file the final report within one week from today i.e. on or before 25.08.2021 in the concerned Court. Any infraction of the above direction will be viewed very seriously. No costs.

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As a sequel, miscellaneous petitions, if any pending, in this Writ Petition, shall stand closed.

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________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

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Date: 18-08-2021. cs/arr

Paladugu Rama Rao, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Paladugu Rama Rao, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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