Telangana High Court
WP/32794/2010 of K.Venkateshwar Rao Vs The Commissioner of Police on 30 December 2010
SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.32794 of 2010 ORDER: This writ petition is filed with the prayer, which reads as under: “For the reasons stated in the above accompanying affidavit, the petitioner herein prays that this Hon’ble Court may be pleased to issue an
THE HON’BLE SRI JUSTICE R.SUBHASH REDDY
WRIT PETITION No.32794 of2010
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ORDER:
This writ petition is filed with the prayer, which reads as under:
“For the reasons stated in the above accompanying affidavit, thepetitioner herein prays that this Hon’ble Court may be pleased toissue an appropriate writ, order or direction more particularly onein the nature of writ of mandamus declaring the action of therespondents in not investigating into the Crime No.490 of 2010 ofChandanagar Police Station, Hyderabad as illegal, arbitrary andviolative of the Code of Criminal Procedure and consequentlydirect the respondents to investigate into the crime properly.”
Petitioner lodged a complaint on 08.10.2010 in ChandanagarPolice Station stating that on 04.10.2010, his wife, Smt. K.Jayalakshmi, daughter and son-in-law have taken him,obtained signatures forcefully and got registered a document beforethe Sub-Registrar, as such, he requested to take action. On suchcomplaint, a case was registered in Crime No.490 of 2010 for theoffences punishable under Sections 147, 342, 328, 384 IPC read with149 IPC. It is the grievance of the petitioner that the respondents arenot investigating into the said crime.
Based on written instructions, dated 29.12.2010, sent by thesecond respondent – Station House Officer, Chandanagar PoliceStation, Cyberabad, it is submitted by the learned AssistantGovernment Pleader for Home appearing for the respondents that inthe above said crime, the petitioner was examined as L.W.1 and otherwitnesses were examined as L.Ws.2 to 10 and their statements wererecorded and the matter is under investigation. It is also submitted thatwhen a notice was issued under Section 91 Cr.P.C. on 22.11.2010 to produce eyewitness for further investigation, there was no responsefrom the petitioner, as such, another notice was sent to him bycertificate of posting on 09.12.2010 but, so far, he has not producedany witness.
As much as the respondents have examined the petitioner aswell as several witnesses pursuant to the complaint lodged by him, assubmitted by the learned Assistant Government Pleader for Homeappearing for the respondents based on the written instructions, itcannot be said that they are not investigating into the crime inquestion.
In that view of the matter, in view of pendency of investigation, Ideem it appropriate to direct the respondents to complete theinvestigation into the crime in question as early as possible.
Subject to the above direction, the writ petition is disposed of.No order as to costs.
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R.SUBHASH REDDY, J
30[th] DECEMBER, 2010.kvni