The Court disposed of a writ petition raising grievances regarding the delay in investigation and the failure of the Station House Officer to file a final report or transfer the case for investigation in the Central Crime Station.
The Station House Officer directed to submit an appropriate final report within four weeks.
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THE HON'BLE SRI JUSTICE R.SUBHASH REDDY
WRIT PETITION No.7070 of 2012
ORDER:
In this Writ Petition, grievance of the petitioner is that the third respondent – Station House Officer, Chikkadpally Police Station, Hyderabad, is neither filing final report in Crime No.336 of 2011 nor transferring the said crime to the Central Crime Station, Hyderabad, for investigation. On a private complaint filed by the petitioner against the fourth respondent stating that he has committed the offences of cheating, forgery and misappropriation of an amount of Rs.55,00,000/-, the learned IX Additional Chief Metropolitan Magistrate, Hyderabad, Nampally, referred the same to the police for investigation. There upon, a case was registered in Crime No.336 of 2011 on the file of the third respondent for the offences punishable under Sections 406, 468, 471, 506 and 420 IPC. In this Writ Petition, it is the grievance of the petitioner that though such crime was registered as early as on 26.08.2011, the third respondent is not conducting investigation into it.
When the matter came up on 15.03.2012, it was adjourned to enable the learned Assistant Government Pleader for Home appearing for respondents 1 to 3 to obtain instructions. Today, when the matter is taken up, it
is submitted by the learned Assistant Government Pleader for Home appearing for respondents 1 to 3 based on the written instructions sent by the third respondent on 20.03.2012 that investigation in the crime in question is almost completed and except the complainant, no other witnesses corroborated the facts stated in the First Information Report. It is also submitted that proposals were placed before the Assistant Commissioner of Police so as to file final report in the crime in question, by referring it as lack of evidence.
As much it is submitted by the learned Assistant Government Pleader for Home appearing for respondents 1 to 3 that investigation in the crime in question is almost completed, I deem it appropriate to direct the third respondent to submit appropriate final report in the crime in question before the competent Court, within a period of four (4) weeks from today. It is made clear that if the petitioner is aggrieved by the contents of such final report, it is always open to him to take appropriate steps in accordance with law.
Subject to the above, the Writ Petition is disposed of. No order as to costs.
In view of disposal of the Writ Petition, WPMP.No.8948 of 2012 also stands disposed of.
R.SUBHASH REDDY, J
21st MARCH, 2012.
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1 issue framed by the court
Whether the petitioner's grievance regarding delay in investigation and failure to file a final report in the underlying criminal case is legitimately maintainable via a writ petition.
Petitioner
Assistant Government Pleader for Home
R.Subhash Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
