Dismissed

Smt.P.Rukmini Priyadarshini W/o P.Ramesh v. The State of Andhra Pradesh

Telangana HC5 Nov 2019WP/6995/2014

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging the non-apprehension of accused persons in a counter-complaint, noting the original case resulted in acquittal and the counter-complaint resulted in a final report due to lack of evidence.

What did the court decide?

The writ petition was dismissed with no order as to costs; miscellaneous petitions were also dismissed.

Smt.P.Rukmini Priyadarshini W/o… — Constitutional and Fundamental Rights | Telangana HC (2019)

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HONOURABLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.6995 of 2014

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ORDER:

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There is no representation on behalf of the petitioner.

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The prayer sought in the writ petition is as under:

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“… to issue an appropriate direction, order or writ more in the nature of writ of Mandamus declaring the action of the 3^rd respondent in not apprehending the accused persons named in the complaint made by the petitioner on 30.01.2014 registered as FIR No.64/2014 dated 06.02.2014 on the sole ground that the Court has granted a stay of all further proceedings in FIR No.65/2014 registered against the petitioner on the complaint filed as a counter blast as being arbitrary, illegal and violating the provisions of Article 14 of the Constitution of India and consequently direct the respondents to forthwith apprehend the persons named as accused in the complaint by the petitioner since the offences include Sections 354, 448 and 506 of IPC and issue such other writ or order or direction as deemed fit and proper in the circumstances of case.”

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Learned Government Pleader appearing for the respondents placed on record written instructions dated 05.11.2019 issued by the Sub-Inspector of Police, Chandanagar Police Station, Rachakonda Commissionerate.

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From a perusal of the said written instructions, it is revealed that on the complaint of the petitioner a case in Crime No.64 of 2014 for the offence under Sections 506, 323, 448 and 354 IPC of Chandanagar Police Station was registered on 06.02.2014. After completion of investigation, charge sheet was filed before the X Metropolitan Magistrate, Kukatpally. After taking cognizance of the offence, the case was numbered as C.C.No.1202 of 2017. After trial, the case ended in acquittal on 28.10.2019. It is further mentioned in the written instructions that basing on the complaint of one Sachin Kumar, a case in Crime No.65 of 2014 was registered under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of Chandanagar Police Station on 06.02.2014. After completion of investigation,

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the case was referred as “lack of evidence” and a final report was filed on 31.12.2015 before the XIX Metropolitan Magistrate, Miyapur, after serving notice on the complainant.

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In that view of the matter, this Court is of the opinion that no further cause would survive in the writ petition and the same is liable to be dismissed.

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Accordingly, the writ petition is dismissed. No order as to

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costs.

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Miscellaneous petitions, if any, shall also stand dismissed.

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_____________________
P. KESHAVA RAO, J
Date: 05.11.2019.
ES

Smt.P.Rukmini Priyadarshini W/o P.Ramesh v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Smt.P.Rukmini Priyadarshini W/o P.Ramesh v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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