Telangana High Court
WP/28038/2009 of Mohd. Afzal Vs The State of A.P., rep. by its Principal SEcretary, on 29 December 2009
SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.28038 of 2009 DATE:29.12.2009 Between: Mohd. Afzal ... Petitioner and The State of Andhra Pradesh, rep. By its Principal Secretary, Secretariat, Hyderabad and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION
THE HON'BLE SRI JUSTICE GOPALA KRISHNATAMADA
WRIT PETITION No.28038 of 2009
DATE:29.12.2009
Between:
Mohd. Afzal ... Petitioner
and
The State of Andhra Pradesh, rep. By itsPrincipal Secretary, Secretariat, Hyderabadand others ...Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNATAMADA
WRIT PETITION No.28038 of 2009
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ORDER:
This writ petition is filed by the petitioner seeking a Writof Mandamus to declare the action of the 2[nd] respondent innot investigating the case and filing final report, as illegal andarbitrary.
2. According to the petitioner, he filed a private complaintagainst the 3[rd] respondent herein before the XIVMetropolitan Magistrate, Ranga Reddy District at L.B. Nagaron 29.01.2009, who in turn, referred the same to the 2[nd]respondent herein for investigation and final report. Havingreceived the complaint, the 2[nd] respondent registered acase in Crime No.45 of 2009 against the 3[rd] respondent on03.02.2009 for the offences under Sections 415, 418, 420and 506 IPC. But however, the 2[nd] respondent has notstarted investigation into the crime, so far. Being aggrievedby the same, he approached this Court and filed the presentwrit 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 before acompetent criminal court. As seen from the FIR, it is clearthat it is more than ten months since the date of registrationof the crime i.e. 03.02.2009. In the light of the same and asit is the grievance of the petitioner that there is no progress inthe investigation of the crime, this court is of the view that thiswrit petition can be disposed of with a direction to the 2[nd]respondent to complete the investigation.
5. Accordingly, this writ petition is disposed of directingthe 2[nd] respondent to complete the investigation and file afinal report, as provided for under Section 173 Cr.P.C. beforea competent criminal court, preferably, within a period ofthree (3) months from the date of receipt of a copy of thisorder. There shall be no order as to costs.
_____________________________
GOPALA KRISHNA TAMADA, J
29[th] December, 2009CBS
THE HON’BLE SRI JUSTICE GOPALA KRISHNATAMADA
WRIT PETITION No.28038 of 2009(Disposed of)
CBS
29[th] December, 2009