Telangana High Court
WP/28146/2009 of A. Balkishan Vs The State of Andhra Pradesh on 29 December 2009
Sri Justice Tamada Gopala Krishna Writ Petition No.28146 of_2009 Order: This Writ Petition is filed by the petitioner seeking a writ of Mandamus to declare the inaction of respondent No.3 in apprehending the accused and investigating into Crime No.284 of 2009 of Kachiguda Police
The Hon’ble Sri Justice Tamada Gopala KrishnaWrit Petition No.28146 of_2009
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Order:
This Writ Petition is filed by the petitioner seeking awrit of Mandamus to declare the inaction of respondentNo.3 in apprehending the accused and investigating intoCrime No.284 of 2009 of Kachiguda Police Station,Hyderabad, as illegal and arbitrary.
2. According to the petitioner, he lodged a privatecomplaint before the IV Chief Metropolitan Magistrate,Nampally, who referred the same to the 3[rd] respondent forinvestigation. On receipt of the same, the 3[rd] respondent registered it as Crime No.284 of 2009 forthe offences under Sections 294, 307, 387, 447, 457 and506 of the IPC on 26-10-2009. But however, the 4[th]respondent has not started investigation into the saidcrime, so far. Aggrieved by the same, the petitioner filedthe 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 two months have elapsed since the date ofregistration of the crime on 26-10-2009. It is true that itwould take some more time for the 3[rd] 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 3[rd]respondent to complete the investigation.5. Accordingly, this Writ Petition is disposed ofdirecting the 3[rd] 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