Writ petition disposed of by recording police instructions confirming investigation is completed and charge sheet will be filed. No order on costs recorded.
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THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.6223 OF 2018
ORDER:
Heard learned counsel for the petitioner and the learned Government Pleader for Home (A.P.) appearing for the official respondents.
under:-
“On receipt of a complaint from the petitioner herein lodged with the Police of Kanchikacharla Police Station, a case in Cr.No.77/2017 U/secs.447, 427, 193 r/w.34 IPC dated 27.4.2017 was registered against 1) Marisetti Naga Malleswari and 2) Namburi Charan Sujith as they criminally trespassed into his land with JCB and ploughed the same and damaged Sababul crop and taken up the investigation into the case.
During the course of investigation, the investigation officer examined the complainant/petitioner herein and other witnesses and recorded their detailed statements.
As part of investigation, a letter dated 17.5.2017 was addressed the Sub Collector, Vijayawada City, Krishna District requesting him to furnish the death of the deceased namely Badeti Durgarao, son of Krishna, resident of Kanchikacherla Village and Mandal from whom the complainant purchased the subject land to an extent of Ac.0.35 cts in R.S.No.450/1B situated at Kanchikacherla Village and Mandal.
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In the investigation it is clearly disclosed that both the accused have committed the offences beyond all reasonable doubt. Accordingly, notice U/sec.41(A)(2) Cr.P.C. dated 13.6.2017 was served on them.
Once again, a letter dated 12.2.2018 was addressed the Sub Collector, Vijayawada City, Krishna District regarding the death of deceased namely Badeti Durgarao from whom the complainant/petitioner herein purchased the subject lands in question who in turn addressed the Tahsildar, Kanchikacherla on 21.2.2018 to enquiry into the letter of the Station House Officer, Kanchikacherla Police Station and submit report. Pursuant to the instructions of the Sub Collector, Vijayawada City, the Tahsildar, Kanchikacherla Mandal submitted the report to the investigation officer on 21.2.2018. Due to which some delay has caused in completing the investigation into the case. The delay is neither willful nor wanton. Investigation is completed. Charge sheet will be filed before the concerned Hon’ble Court at the earliest.
It is pertinent to submit that the investigation was completed in Cr.No.77/2017 and appropriate charge sheet will be filed before the concerned Hon’ble Court at the earliest.”
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JUSTICE A.V.SESHA SAI
Date : 09.03.2018 AMD
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THE HONOURABLE SRI JUSTICE A.V.SESHA SAI
WRIT PETITION No.6223 OF 2018
Date: 09.03.2018
AMD
Petitioner
Marisetti Naga Malleswari
Namburi Charan Sujith
State of Andhra Pradesh
Government Pleader for Home (A.P.)
Justice A.V.Sesha Sai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
