This order directs the investigating officer to complete the investigation and file a charge sheet in a criminal case involving dowry offences within three weeks, dismissing delays exceeding two years.
Direction to 2nd respondent to complete investigation and file charge sheet within three weeks of receipt of this order.
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THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM
WRIT PETITION No. 19387 OF 2019
O R D E R:
Heard learned counsel for the petitioner as well learned
Government Pleader for Home for the 2nd respondent.
Considering the nature of relief, which the petitioner seeks, no notice need be issued to the 3rd respondent.
The main grievance of the petitioner is that the 2nd respondent has not completed investigation and filed charge sheet in Crime No. 243 of 2018 of Women Police Station, CCS, Hyderabad (original Crime No. 246 of 2017 of PS. Jubilee Hills) against the 3rd respondent registered for the offences punishable under Sections 498-A, 420, 323, 109 read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
Though more than two years elapsed, it is unfortunate to note, the 2nd respondent in his written instructions submitted to the Government Pleader for Home, states that the investigation is still on. In this connection, it is pertinent to observe the following Standing Order in the Police Manual:
“478(5) The limitation permissible under law is quite liberal. It should not be construed to mean that the cases can be delayed up to the maximum period of limitation. The following maximum time limits are prescribed for completion of investigation for some of the cases:
2 months for offences u/s 131 to 140, 166 to 171, 230 to 263A,
grievous hurt, 339 to 348, 376 to 377, robbery, house breakings and theft, 421 to 424, 490 to 492 and 494 to 502 IPC.”
As can be seen from the above-quoted Standing Order, the entire investigation ought to have been completed within two months, whereas in the present case, the 2nd respondent even at
2
this stage, is finding an excuse for non-performance of his duty as mandated under the Standing Order stating that he is required to obtain a statement alleged to have been given by the father of the petitioner in an unrelated case.
Whatever it may be, instead of keeping the Writ Petition pending, it is directed that the 2nd respondent shall complete the investigation and file the charge sheet in Crime No. 243 of 2018 of Women Police Station, CCS, Hyderabad, without fail, before the appropriate Court, within three weeks from the date of receipt of a copy of this order.
The Writ Petition is disposed of accordingly. No costs.
The miscellaneous Applications, if any shall stand closed.
__ _________________________
CHALLA KODANDA RAM, J
20 th September 2019
ksld
2 issues framed by the court
Whether the investigation in the matrimonial offence has been unduly delayed.
Whether the petitioner is entitled to direction to complete the investigation and file charge sheet.
4 provisions across 2 enactments
Petitioner
2nd Respondent
3rd Respondent
Challakodanda Ram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
