M.A.Qayyum v. The State Of Telangana

THE HON'BLE SRI JUSTI CE C. PRAVEEN KUMAR WRI T PETI TI ON No.18036 OF 2017 ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for Home for the State of Telangana. With their consent, the present writ petition is disposed of at the admission stage itself.

2.

Since this Court is not going into the merits of the case, it may not be necessary to issue notice to the unofficial respondents. 3.

The Writ Petition, under Article 226 of the Constitution of India, came to be filed seeking issuance of a writ of mandamus declaring the action of respondent No.4 in not conducting the investigation and filing charge sheet before the concerned Court in Crime No.4 of 2011 dated 17.01.2011 for the offences punishable under Sections 384, 386, 387, 448 and 506 IPC against respondent No.5 even after lapse of more than six years from the date of registration of the crime, as illegal and arbitrary and consequently, direct respondent No.4 to conduct the investigation in accordance with law and file charge sheet before the concerned Magistrate. 4.

Learned Government Pleader, on instructions, states that the police investigated into the matter and referred the case as lack of evidence. The final report was filed on 13.06.2013 before the Judicial Magistrate of First Class, Ramannapet. He further submits

CPK,J WP_18036_2017 that though the police tried to serve the referred notice on the informant, he refused to accept the same. Hence, nothing survives for adjudication.

5.

Recording the said submission, the Writ Petition is closed. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs. _______________________ JUSTI CE C. PRAVEEN KUMAR Date:16.06.2017 INL