WP/28106/2009 of Kurva Maddamma Vs The Government of Andhra Pradesh, rep. by its Principal on 31 December 2009

ORDER:

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This writ petition is filed by the petitioner seeking a Writof Mandamus to declare the inaction of the respondents ininvestigating into Crime No.34 of 2008, as illegal andarbitrary.

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22. According to the petitioner, she is the mother of thedeceased-Kurva Hussain, who was murdered by HussainMiya and others. Basing on a complaint dated 11.04.2008lodged by one Kurva Venkatramulu, the 4[th] respondentherein registered a case in Crime No.34 of 2008 against theaccused therein on the same day. Though more than oneyear has elapsed since registration of the crime, the 4[th]respondent has not started investigation into the crime, sofar. Being aggrieved by the same, she approached thisCourt and filed the present writ petition.

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3. Heard both the learned counsel.

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44. 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 a year since the date of registration of thecrime i.e. 11.04.2008. In the light of the same and as it is thegrievance of 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 torespondents 3 and 4 to complete the investigation.

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55. Accordingly, this writ petition is disposed of directingrespondents 3 and 4 to complete the investigation and file afinal report, as provided for under Section 173 Cr.P.C. before a 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.

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lGOPALA KRISHNA TAMADA, J

31[st] December, 2009lCBS

THE HON’BLE SRI JUSTICE GOPALA KRISHNATAMADA

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lCBS

····················WRIT PETITION No.28106 of 2009·(Disposed of)

31[st] December, 2009