Oral order dismissing a writ petition alleging non-diligent investigation of a cheating complaint. The Court held that since the final report under Section 173 Cr.P.C. was filed and the matter was deemed civil, the grievance did not survive.
The writ petition is dismissed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE Mr. JUSTICE GODA RAGHURAM
MONDAY, THE 06th DAY OF FEBRUARY, 2006
W.P.No. 1942 of 2006
Between:-
Om Prakash Bhageriya
--Petitioner
And
The Secretary, Home Department, Government of Andhra Pradesh, Secretariat, Hyderabad and three others.
--Respondents
THE HON’BLE MR. JUSTICE GODA RAGHURAM
W.P.No. 1942 of 2006
Oral order:-
The complaint of the petitioner, party in person, is that the respondent No.3 is not diligently investigating Cr.No. 04 of 2004 of Police Station, Narayanaguda, Hyderabad in which a complaint is made alleging offences under Sections 420 and 406 IPC against the 4th respondent herein.
Learned Government Pleader for Home places before this court a copy of final report filed by the 3rd respondent in the court of learned XVII Metropolitan Magistrate, Hyderabad, wherein the complaint is closed recording that ‘it is civil in nature’ and the petitioner has an effective remedy to proceed against the 4th respondent under the provisions of the Negotiable Instruments Act, 1881. As the investigation has been completed and the final report filed under Section 173 Cr.P.C. before the competent Court, the grievance of the petitioner does not survive.
The writ petition is dismissed. The petitioner is at liberty to pursue appropriate remedies before the competent forum in accordance with law. No costs.
GODA RAGHURAM, J
Date: 06-02-2006
Pvks/*
1 issue framed by the court
Whether the writ court can intervene when the criminal investigation under Section 173 Cr.P.C. has been completed and the matter relayed as civil in nature.
2 provisions across 2 enactments
Om Prakash Bhageriya
The Secretary, Home Department, Government of Andhra Pradesh
Goda Raghuram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
