WP/36409/2012 of Smt. Shahnaz Begum, Vs The commissioner of Police, on 31 December 2012

ORDER:

Heard learned counsel for the petitioner and also the learnedGovernment Pleader for Home.

This Writ Petition is filed seeking to direct respondent No.1 toentrust investigation of the case in F.I.R.No.406 of 2012 of AlwalPolice Station to any other authority.

The petitioner filed a private complaint under Section 200Cr.P.C. on the file of learned VI Metropolitan Magistrate at Medchal,against one K. Satyanarayana and seven others. On receipt of thecomplaint, the matter was referred to the Police under Section 156 (3)Cr.P.C. and a case in Crime No.406 of 2012 of Alwal Police Stationwas registered, for the offences punishable under Sections 323, 324,354, 420 and 506 I.P.C., on 19.07.2012 and investigation was takenup.

In this Writ Petition, it is the grievance of the petitioner thatthough the crime was registered as early as on 19.07.2012, therespondents are not conducting proper investigation so as to filereport, as contemplated under Section 173 Cr.P.C.

The Sub-Inspector of Police, Alwal Police Station, filed counteraffidavit. In the counter affidavit, while denying various allegationsmade by the petitioner, it is stated that the sum and substance of thecomplaint of the petitioner is that she is the owner of house bearingNo.7-116 situated at Patha Basthi, Balaji Nagar and when one K.Satyanarayana and K. Ram Mohan interfered with her peacefulpossession, she filed O.S.No.2459 of 2008 and obtained interiminjunction orders, in spite of which, when she went to the suit scheduleproperty to collect rents,

K. Satyanarayana and K. Ram Mohan attacked her with sticks,manhandled her by outraging her modesty and threatened her withdire consequences. It is stated that after registration of crime, severaltimes Constables were deputed for the purpose of recording thestatement of the petitioner, but she was not available in the addressgiven by her in the complaint. It is further stated that in the addressgiven by the petitioner, one Sri Yakub is running a shop in one shutterand two other shutters are in possession of

K. Satyanarayana and others. It is also stated that

K. Satyanarayana also filed a private complaint before the VIMetropolitan Magistrate, Cyberabad at Medchal, for the offencespunishable under Sections 420, 468 and 471 I.P.C., and a RentControl Case before the Rent Control Tribunal, against Sri Yakub. It isfurther stated that there were several disputes between the petitionerand others and by making false allegations, the present Writ Petition isfiled.

From the averments in the counter, it appears that there aredisputes with regard to the property between the petitioner and theaccused and others. The accused are not even made partyrespondents to this Writ Petition. When the respondents deputedConstables for the purpose of investigation, the petitioner was notavailable in the address given by her in the complaint. It is the case ofthe petitioner that her statement is not recorded in the complaint, whichis under investigation.

In view of the averments in the counter affidavit, this Court is ofthe view that it is not a fit case to give directions to entrust investigationto any other authority. As crime was registered on 19.07.2012, I deemit appropriate to dispose of the Writ Petition directing that the petitionershall co-operate with the investigation and appear before respondentNo.2, along with male member of the family, for the purpose ofcompletion of investigation. Further, the respondents are directed to complete the investigation and file appropriate final report in CrimeNo.406 of 2012 of Alwal Police Station, as expeditiously as possible,preferably within a period of two (2) months from today. If the petitioneris aggrieved by the report to be filed, it is open to her to takeappropriate steps as contemplated under Section 173 Cr.P.C.

Subject to the above directions, the Writ Petition is disposed of.Miscellaneous Petitions, if any, pending in this Writ Petition shall standclosed. No costs.

December 31, 2012MD

________________________

R. SUBHASH REDDY, J

HON’BLE SRI JUSTICE R. SUBHASH REDDY

WRIT PETITION No.36409 OF 2012

MD

December 31, 2012