Writ petition filed challenging delay in investigation. Single judge directed police to file report under Section 173 Cr.P.C. within four weeks.
Directed respondent Nos. 1 to 3 to file a report under Section 173 Cr.P.C. within four weeks from the date of receipt of a copy of this order.
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THE HON’BLE SRI JUSTICE K.C.BHANU
WRIT PETITION No.20638 OF 2012
ORDER:
This Writ Petition is filed seeking to declare the delay and inaction of respondent Nos.1 to 3 in conducting the investigation and arresting the accused in Crime No.15 of 2012 of Kurichedu Police Station, Prakasam District, registered for the offences punishable under Section 323 I.P.C. and Section 3 (1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, as illegal and arbitrary and consequently, to direct respondent Nos.1 to 3 to commence the investigation and arrest the accused in the said Crime.
2. Heard.
3. When a cognizable offence is reported to the police, they got a statutory right to investigate the case under Section 154 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’). Similarly, there is a statutory obligation on the part of the Investigating Officer to file a report as contemplated under Section 173 Cr.P.C. as expeditiously as possible without any further delay.
4. Though the crime is registered in March, 2012, till now no report as contemplated under Section 173 Cr.P.C. is filed. The learned Assistant Government Pleader for Home, on instructions, stated that during the course of investigation, as many as 12 witnesses were examined; and that after obtaining permission from the Inspector General of Police, Guntur, final report would be filed.
5. Therefore, the Writ Petition is disposed of directing respondent Nos.1 to 3 to file a report as contemplated under Section 173 Cr.P.C. as early as possible, preferably within a period of four (4) weeks from
the date of receipt of a copy of this order. There shall be no order as to costs. 6. Miscellaneous Petitions, if any, filed in this Writ Petition shall stand closed.
_______________ K.C.BHANU, J
August 17, 2012 MD
THE HON’BLE SRI JUSTICE K.C.BHANU
WRIT PETITION No.20638 OF 2012
MD
August 17, 2012
2 issues framed by the court
Whether the delay and inaction by police in investigating a cognizable offence and filing the final report under Section 173 Cr.P.C. warrants a direction for expeditious filing.
Whether a writ petitioner is entitled to a direction to the police to file the charge-sheet within four weeks.
2 provisions across 1 enactments
Petitioner
Respondent Nos. 1 to 3
K.C. BHAnu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
