Telangana High Court
WP/28086/2009 of Shaik Rizwana Vs The Superintendent of Police on 29 December 2009
SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.28086 of 2009 DATE:29.12.2009 Between: Shaik Rizwana ... Petitioner and The Superintendent of Police, Guntur, Guntur District and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.28086 of 2009 ORDER: This
THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA
WRIT PETITION No.28086 of 2009
DATE:29.12.2009
Between:
Shaik Rizwana ... Petitioner
and
The Superintendent of Police, Guntur,Guntur District and others ...Respondents THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA
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ORDER:
This writ petition is filed by the petitioner seeking aWrit of Mandamus to declare the action of the 2[nd]respondent in not conducting investigation and filingcharge against the unofficial respondents, as illegal andarbitrary.
2. According to the petitioner, on 21.07.2009 shelodged a complaint with the 2[nd] respondent against theunofficial respondents herein and others. On the basis ofthe complaint, the 2[nd] respondent registered a case inCrime No.166 of 2009 for the offence under Section 498-A r/w Section 34 IPC and Sections 3 and 4 of DowryProhibition Act, on the same day. But however, the 2[nd]respondent has not started investigation into the crime, sofar. Being aggrieved by the same, she approached thisCourt and filed the present writ petition.
3. Heard both the learned counsel.
4. When once a crime is registered, the police are dutybound to investigate into it and submit a final report beforea competent criminal court. As seen from the FIR, it isclear that it is five months since the date of registration ofthe crime i.e. 21.07.2009. It is true that it would take somemore time for the 2[nd] respondent to complete the entireinvestigation, but at the same time he shall see that theinvestigation is completed, at the earliest. In the light ofthe same and as it is the grievance of the petitioner that there is no progress in the investigation of the crime, thiscourt is of the view that this writ petition can be disposedof with a direction to the 2[nd] respondent to complete theinvestigation.
5. Accordingly, this writ petition is disposed of directingthe 2[nd] respondent to complete the investigation and filea final report, as provided for under Section 173 Cr.P.C.before a competent criminal court, preferably, within aperiod of four (4) months from the date of receipt of a copyof this order. There shall be no order as to costs.
_____________________________
GOPALA KRISHNA TAMADA, J
29[th] December, 2009CBS
THE HON’BLE SRI JUSTICE GOPALA KRISHNA
TAMADA
WRIT PETITION No.28086 of 2009
(Disposed of)
CBS
29[th] December, 2009