High Court dismissed a writ petition challenging non-investigation order as infructuous after noticing completion of investigation and filing of charge sheet per counter affidavit.
Petitioner to carry on no further proceedings. Writ petition dismissed as infructuous with no order as to costs.
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THE HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No. 4102 of 2007
ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for the respondents.
2. This writ petition was filed challenging the action of respondents 1 and 2 in not enquiring and investigating into Crime No.249 of 2004 on the file of the second respondent.
3. A counter affidavit is filed stating that, basing on the complaint of the petitioner, a case in Crime No.249 of 2004 of Anakapalle Police Station, Visakhapatnam district, was registered for the offence punishable under Section 420 IPC, and investigation was taken up. After completion of investigation, charge sheet was filed before Additional Judicial Magistrate of First Class, at Anakapalle, which was taken on file as C.C.No.146 of 2005. In view of the same, no further orders are necessary in the writ petition.
4. Accordingly, the writ petition is dismissed as infructuous. No order as to costs.
Miscellaneous petitions, if any pending in this writ petition, shall stand closed.
_________________________ A. RAMALINGESWARA RAO, J 09th December, 2014 KSM
1 issue framed by the court
Whether the writ petition challenging the non-investigation into Crime No.249 of 2004 is maintainable.
Petitioner
Respondents
A. RAMALINGESWARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
