Telangana High Court
WP/27174/2008 of Rakesh Agarwal Vs The Commissioner of Police, on 29 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.27174 of 2008 Between: Rakesh Agarwal S/o.Late Kailash Agarwal R/o. Flat No. 101, Amras
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
MONDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENTTHE HON'BLE SRI JUSTICE C.V.RAMULUWRIT PETITION No.27174 of 2008
Between:
Rakesh Agarwal S/o.Late Kailash AgarwalR/o. Flat No. 101, Amras Pride, Chelapura, Hyderabad.
..... PETITIONER
AND
1 The Commissioner of Police, Basheerbagh, Hyderabad.
2 The Station House Officer, P.S. Charminar, Hyderabad.
3 The Officer-in-Charge, Central Crime Station, Hyderabad.
4 Rajesh Malpani S/o.Damodar Malpani
R/o. 22-5-195, 2nd Floor, Rmsal Complex, Pattal Galli, Hyderabad.
.....RESPONDENTS
Petition under Article 226 of the Constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtmay be pleased to issue a Writ Order or direction more particularly onein the nature of Writ of Mandamus and directing investigation in CrimeNo.269 of 2008 dated 13.11.2008 on the file of the 2nd respondent betransferred to the 3rd respondent and pass such other order or orders.
Counsel for the Petitioner: MR.B.VIJAYSEN REDDY
Counsel for the Respondents 1 to 3: GP FOR HOME
The Court made the following:
THE HONOURABLE SRI JUSTICE C.V. RAMULUWRIT PETITION No.27174 OF 2008
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ORDER:
It appears, the petitioner lodged a complaint before the StationHouse Officer, Charminar Police Station, Hyderabad, against the 4[th]respondent herein, and the same was registered as Crime No.269 of2008 for the offences punishable under Sections 406 and 420 I.P.C. According to the petitioner, the Commissioner of Police, Hyderabad,issued a Circular dated 17.01.2003, issuing certain guidelines withregard to entrustment of cases to the Detective Department (CentralCrime Station), Hyderabad, and in the said Circular it was specificallymentioned that all the police stations of twin cities shall transfer theorganized cheating cases where the damage or harm caused is to thetune of Rs.30 lakhs or more, to the Detective Department (Central CrimeStation), Hyderabad, for the purpose of investigation. The petitionercontends that the property involved in the subject crime is more thanRs.70,00,000/- and, therefore, in the light of the said Circular, the crimeis to be transferred to Central Crime Station, Hyderabad, 3[rd] respondentherein, for the purpose of investigation, and apart from that the 2[nd]respondent is not at all proceeding with the investigation.
In the facts and circumstances of the case, without expressing anyopinion on merits, the 1[st] respondent- Commissioner of Police,Basheerbagh, Hyderabad, is directed to consider transferring Crime No.269 of 2008 from the file of the 2[nd] respondent- Charminar PoliceStation, Hyderabad, to 3[rd] respondent- Central Crime Station,Hyderabad, for the purpose of investigation, as per the Circular dated17.01.2003, and pass appropriate orders within a period of four weeksfrom the date of receipt of a copy of this order.
With the above directions, the writ petition is disposed of. No orderas to costs.
29[th] December, 2008IBL
___________________JUSTICE C.V. RAMULU