Telangana High Court
WP/28113/2009 of Pothuraju Sunitha Vs The Government of Andhra Pradesh, on 29 December 2009
Sri Justice Tamada Gopala Krishna Writ Petition No.28113 of_2009 Order: This Writ Petition is filed by the petitioner seeking a writ of Mandamus to declare the inaction of respondent No.4 in apprehending the accused and investigating into Crime No.123 of 2009 of Paloncha (T) Police
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Order:
This Writ Petition is filed by the petitioner seeking awrit of Mandamus to declare the inaction of respondentNo.4 in apprehending the accused and investigating intoCrime No.123 of 2009 of Paloncha (T) Police Station,Khammam District, as illegal and arbitrary.
2. According to the petitioner, on 13.05.2009, shelodged a complaint with the 4[th] respondent againstrespondent Nos.5 to 9 and the same was registered asCrime No.123 of 2009 for the offences under Sections 417,376, 323, 294 (b) read with 34 IPC and Sections 3 (1) (x)and 3 (1) (xii) of the Scheduled Castes and ScheduledTribes (Prevention of Atrocities) Act, 1989. But however,the 4[th] respondent has not started investigation into thesaid crime, so far. Aggrieved by the same, the petitionerfiled 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 seven months have elapsed since the date ofregistration of the crime on 13-05-2009. It is true that itwould take some more time for the 4[th] respondent tocomplete the entire investigation, but at the same time he shall see that the investigation is completed, at theearliest. In the light of the same and as it is the grievanceof the petitioner that there is no progress in theinvestigation of the crime, this Court is of the view that thisWrit Petition can be disposed of with a direction to the 4[th]respondent to complete the investigation.5. Accordingly, this Writ Petition is disposed ofdirecting the 4[th] respondent to complete the investigationby examining the witnesses and recording their statementsand file a final report, as provided for under Section 173Cr.P.C. before a competent criminal Court, preferably,within a period of four (4) months from the date of receipt ofa copy of this order. There shall be no order as to costs.
Date: 24[th] December, 2009lur
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Tamada Gopala Krishna, J