Smt.G.Sulochanamma v. The Station House Officer

THE HON’BLE SRI JUSTICE C.V.RAMULU

W.P.NO.19963 OF 2008

ORDER

This writ petition is filed seeking a Mandamus declaring the inaction on the part of the respondent Nos. 2 and 3 in not entrusting the investigation as per rule 7 (2) of SC and ST (POA) Act, 1989 and also not conducting investigation effectively as per Section 157 of Cr.P.C as arbitrary and illegal.

There is no necessity of going into all the details.

At paragraph No.3 of the counter-affidavit, it is stated as

under:

“I respectfully submit that during the course of investigation, the then Investigation Officer, examined as many as 10 witnesses and their detailed statements were recorded under Section 161 CrPC. Consequent on his transfer, I have taken up the investigation as per the Proceedings of the Commissioner of Police, Hyderabad on 11-7-2008. Prima facie case is made out against the accused and immediately I arrested the accused on 12-10-2008 at 16.30 hrs and after production of the accused before the Court, she was remanded to judicial custody. Investigation was completed. After completion of the investigation, I filed the charge sheet before the Hon’ble Court of II Additional Chief Metropolitan Magistrate, Nampally, Hyderabad on 22-10-2008 and the same is yet to be taken on file by the said Hon’ble Court.”