In this writ petition under Article 226, the petitioner challenged the non-investigation by the respondent SHO. The Court noted the investigation was completed and a final report classified the dispute as civil. It held no habeas corpus or mandamus lie and closed the petition.
None. The writ petition is closed.
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.
HON’BLE MR. JUSTICE R. SUBHASH REDDY
Writ Petition No.4250 of 2012
Date: March 5, 2012
Between:
Arugolanu Augusteen
… Petitioner
And
The Station House Officer, Kovvur Town Police Station, Kovvur, West Godavari District and another
… Respondents
Order:
This writ petition is filed seeking mandamus declaring the action of the 1st respondent in not
investigating into Cr.No.47 of 2011 on his file as illegal and arbitrary. When the matter is taken up for hearing, it is submitted by the learned Assistant Government Pleader for Home appearing for the 1st respondent that investigation into the crime in question is completed and after obtaining permission from the Sub-Divisional Police Officer, final report is filed stating that the dispute is civil in nature.
As much as it is stated that investigation is completed and final report is also filed, while it open to the petitioner to avail remedies under Cr.P.C., if he is aggrieved of the contents of the final report, no further directions can be issued in this writ petition at this stage. Writ petition is accordingly closed.
______________________ (R. SUBHASH REDDY, J)
March 5, 2012 MRR
1 issue framed by the court
Whether mandamus can be issued to compel police investigation when the FIR is declared civil in nature in the final report.
Arugolanu Augusteen
The Station House Officer, Kovvur Town Police Station
Another
R. SUBHASH REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
