Andhra Pradesh High Court

WP/25293/2020 of GUTHULA DHANA LAKSHMI Vs THE STATE OF AP on 31 December 2020

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SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.25293 OF 2020 ORDER: This petition is filed under Article 226 of the Constitution of India claiming the following relief:- “…to issue a Writ, order or direction more particularly one in the nature of Mandamus, declaring

THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.25293 OF 2020

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ORDER:

This petition is filed under Article 226 of the Constitution of India claiming the following relief:- “…to issue a Writ, order or direction more particularly one in the nature of Mandamus, declaring the inaction on the part of the respondents herein in not taking any action with regard to crimes in FIR No.68/2020, dated 07.04.2020 and FIR No.140/2019, dated 03.08.2019 pending on the file of 5[th] respondent Police Station i.e., Station House Officer, Ainavilli Police Station, East Godavari District till today, as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to complete the investigation and file charge sheet before the competent Criminal Court and pass such other order...”

2. The petitioner’s case is that the petitioner lodged report with the police against Veera Venkata Satyanarayan and the same was registered as a case in Cr.No.68/2020, dated 07.04.2019 and earlier another crime was registered in Cr.No.140/2019, dated 03.08.2019. But, till date investigation is not completed and no final report is filed in both the crimes, thereby there is no fair investigation and such delay may amounts to interference with the investigation and requested to issue a direction to the Station House Officer, the 5[th] respondent herein.

3. During the course of hearing, Sri Bokka Satyanarayana, learned counsel for the petitioner reiterated the contentions urged in the petition. Whereas, learned Government Pleader for Home stated that major portion of investigation is completed in both the cases. However, fair investigation is one of the facets of the fundamental rights guaranteed under Article 21 of the Constitution of India and therefore any amount of delay would cause prejudice to the petitioner’s case. Hence, I find that it is a fit case to issue a direction to the respondents to complete the investigation and file charge sheet before the competent Criminal Court in both the crimes i.e., Cr.No.68/2020, dated 07.04.2019 and Cr.No.140/2019, dated 03.08.2019, pending on the file of Station House Officer, the 5[th] respondent herein, as six (06) weeks from today.

expeditiously as possible in any event not later than

4. With the above direction, this Writ Petition is allowed. There shall be no order as to costs.

Consequently, miscellaneous petitions pending, if any, shall also stand closed.

Date: 31.12.2020

IS

_________________________________________

JUSTICE M. SATYANARAYANA MURTHY

THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.25293 OF 2020

Date: 31.12.2020.

IS

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