Kallam Peri Reddy v. The State Of Andhra Pradesh

THE HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO Writ Petition No.1592 of 2017 ORDER :

Heard the learned counsel for the petitioner and the learned Govt. Pleader for respondents and perused the prayer in the writ petition with the supporting affidavit and counter affidavit of the 4th respondent and the material on record.

2.The prayer in the Writ Petition reads as follows: " to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the Respondents 2 to 4 in making investigation into Crime No 287 of 2016 for the offences u/s 341, 323, 506 r/w 34 IPC which was registered by the Respondent No 4 on 17 09 2016 on the basis of the Complaint dated 16 09 2016 of the Petitioner as illegal arbitrary malafide and capricious and consequently direct the Respondents to investigate into the crime forthwith and complete the investigation within a period of one month and file report thereon and pass and pass such other order or orders." The grievance of the petitioner is that the police having registered Cr.No.287 of 2016 dt.17.09.2016 for the occurrence on 16.09.2016 at about 11.00P.M., are not investigating and submitting the progress of investigation to the learned Magistrate.

The counter affidavit says there is case and counter and it requires to investigate along with Cr.No.288 of 2016 registered against the petitioner and others on even date for the offences u/ sec.352, 506, 341 and 34 IPC. Having regard to the above, the Writ Petition itself is disposed of directing the police to complete investigation within three months from the date of receipt of the order and file respective final reports. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_________________________ Dr. B.SIVA SANKARA RAO J, Date:16.04.2018 vvr