Telangana High Court
WP/29178/2009 of Boddu Mahendra Vs Government of Andhra Pradesh, represented by its on 31 December 2009
SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.29178 of 2009 Date:31.12.2009 Between: D.Boddu Mahendra. ..... PETITIONER AND Government of Andhra Pradesh and others. .....RESPONDENTS THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.29178 of 2009 ORDER: This writ petition is
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THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA
WRIT PETITION No.29178 of 2009
Between:
Date:31.12.2009
D.Boddu Mahendra.
ANDGovernment of Andhra Pradesh and others.
..... PETITIONER
.....RESPONDENTS
THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADAWRIT PETITION No.29178 of 2009ORDER:
This writ petition is filed seeking to declare the inaction of the fifthrespondent in apprehending the accused and investigating into theCrime No.64 of 2009 dated 01.05.2009 on the file of the JaladankiPolice Station, Nellore District, as illegal and arbitrary.
According to the petitioner, he along with others lodged acomplaint before the fifth respondent on 30.04.2009 against sixteenpersons, who are of forward caste people, under the ScheduledCastes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989(‘the Act’ for short) and it has been registered as Crime No.64 of 2009for the offences punishable under Sections 290 and 506 I.P.C. andSection 3(1)(x) under the Act. However, the investigation has not yetbeen commenced. Being aggrieved by the same, the petitionerapproached this Court by filing the present Writ Petition.
Heard learned counsel for both the parties.
When once a crime has been registered, the Police are underbounden duty to investigate into it and submit a final report before acompetent criminal Court. As seen from the F.I.R., it is clear that sevenmonths have been elapsed since filing of the crime i.e., on01.05.2009.
It is true that it would take some more time for the fifth respondent tocomplete the entire investigation, but at the same time he shall see thatthe investigation is completed at the earliest. In the circumstances andas it is the grievance of the petitioner that there is no progress in theinvestigation, this Court is of the view that this writ petition can bedisposed of with a direction to the fifth respondent to complete theinvestigation.
Accordingly, the Writ Petition is disposed of directing the fifthrespondent to complete the investigation by examining the witnessesand recording their statements and file a final report, as provided forunder Section 173 Cr.P.C., before a competent criminal Court,preferably within a period of three months from the date of receipt of acopy of this order. There shall be no order as to costs.
____________________________
(GOPALA KRISHNA TAMADA, J)
31[st ]December, 2009Note: Issue CC in one week.(B/o)GHN