This order records police instructions justifying investigation delay due to election duties in a private complaint matter. The court disposed of the writ petition and directed authorities to complete the investigation expeditiously.
Writ petition disposed; direction to complete investigation expeditiously; no order as to costs.
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THE HONOURABLE SRI JUSTICE A.V.SESHA SAI
WRIT PETITION No.40904 of 2018
ORDER:
When the matter is taken up, written instructions dated 14.11.2018 furnished by the Sub-Inspector of Police, Gudipalli Police Station, Nalgonda District are placed on record by the learned Government Pleader for Home.
To the extent of their relevance to the present writ petition, the
said instructions read as under:
“The petitioner herein has filed a private complaint U/sec.200 Cr.P.C on the file of the Judl.First Magistrate at Devarakonda against Mr.Ravath Bichya and 4 others (who are the unofficial respondents 4 to 8) herein.
Upon receipt of the private complaint, the Hon’ble Court forwarded it to the Station House Officer, Gudipalli Police Station for investigation and report U/sec.156 (3) Cr.P.C.
On receipt of the private complaint from the Hon’ble Court, a case in Cr.No.120/2018 U/secs.452, 324, 435, 504, 506 r/w 34 IPC and Sec.156 (3) Cr.P.C dated 08.08.2018 was registered on the file of Gudipalli Police Station, Nalgonda District against the unofficial respondents 4 to 8 herein and taken up the investigation into the case.
The investigation is at the initial stage. The investigation is pending for want of examination of cited witnesses by the petitioner herein and also to collect material evidence to establish the offences mentioned in the FIR.
It is humbly submitted that due to election badobust duties, some delay is caused in completed the investigation into the present case and the delay is neither willful or wanton.
It is pertinent to submit that the averments made in the affidavit are the subject matter of investigation in Cr.No.120/2018 dt.08.08.2018, for which, a detailed investigation is under progress. Basing on the total outcome of the investigation, necessary steps will be taken against the accused concerned in the FIR.
To complete the full-fledged investigation into the case, it requires 2 months time to the investigating agency.
2
On noticing the above instructions, a request is made by the learned counsel for the petitioner to place the said instructions on record and dispose of the writ petition.
Accordingly, the writ petition is disposed of by placing on record the written instructions dated 14.11.2018 furnished by the Sub-Inspector of Police, Gudipalli Police Station, Nalgonda District with a further direction to respondent police authorities to complete the investigation as expeditiously as possible, as indicated in the instructions. There shall be no order as to costs.
Miscellaneous Petitions pending consideration, if any, in this
Writ Petition shall stand closed.
_________________________
JUSTICE A.V.SESHA SAI
Date :12.12.2018
dv
3 provisions across 2 enactments
Petitioner
Respondent Police Authorities
A.V.Sesha Sai
As recorded by the court registry
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