Telangana High Court
WP/32227/2010 of M/s. Kapil Granites, rep. by its Managing Partner Vs The Superintendent of Police, on 30 December 2010
SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.32227 of 2010 ORDER: This writ petition is filed with the prayer, which reads as under: “For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon’ble Court may be pleased to issue writ order or
THE HON’BLE SRI JUSTICE R.SUBHASH REDDY
WRIT PETITION No.32227of2010
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ORDER:
This writ petition is filed with the prayer, which reads as under:“For the reasons stated in the accompanying affidavit, it ishereby prayed that this Hon’ble Court may be pleased to issuewrit order or direction more particularly one in the nature of writ ofmandamus declaring the action of the respondents 1 to 3 in nottaking steps to arrest the respondents 4 to 9 who are accusedNo.1 in Crime No.227 of 2010 of P.S.Malial, Karimnagar Districtand also not investigating the matter is illegal, arbitrary andviolation of Articles 14 and 21 of Constitution of India andconsequently direct the respondents 1 to 3 to arrest respondents4 to 9 and investigate the FIR in Crime No.227 of 2010 ofP.S.Malial, Karimnagar District.”
Petitioner lodged a complaint on 17.12.2010 before the StationHouse Officer, Mallial Police Station, complaining that persons namedtherein trespassed into the quarry and removed the workers huts.Based on such complaint, a case was registered in Crime No.227 of2010 for the offences punishable under Sections 447, 341, 427, 506,323 IPC read with 34 IPC. It is the grievance of the petitioner thatrespondents 1 to 3 are not taking steps to arrest respondents 4 to 9,who are accused in Crime No.227 of 2010.
On instructions, it is submitted by the learned AssistantGovernment Pleader for Home appearing for the respondents thatpursuant to the complaint lodged by the petitioner, investigationalready started and investigating officer examined the complainant andother witnesses and recorded their detailed statements. It is alsosubmitted that the Tahsildar, Mallial, was also examined as a witness and his statement was also recorded.
Merely because no arrest is made pursuant to aforesaidcomplaint that by itself is no ground for issuance of directions by wayof mandamus to the respondents to arrest respondents 4 to 9. Whenthe complaint is lodged, it is for the investigating agency to investigateand take appropriate steps in the matter.
As much as the complaint was lodged very recently i.e. on17.12.2010, investigation is already taken up and number of witnessesare already examined, I do not find any merit in this writ petition toentertain the same at this stage.
The writ petition is devoid of merit and it is accordinglydismissed. No order as to costs.
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R.SUBHASH REDDY, J
30[th] DECEMBER, 2010.
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