Smt., Kotteeri Smitha v. The Govt Of Tg., Rep Byits Prl.Secretary And 3 Others

THE HONOURABLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.22870 of 2014 ORDER:

Heard learned counsel for the petitioner as well as learned Government Pleader appearing for the respondents 1 to 4. 2.

The prayer sought in the writ petition is as under:- "...to issue writ, order or direction more particularly in the nature of writ of mandamus declaring the inaction of respondent No.3 in investigating the F.I.R.No./Crime No.28/2014, dated 13.01.2014 for the alleged offenses under section 420, 463, 468 and 506 of I.P.C. on the file of S.H.O., P.S.Miyapur, as malicious, illegal and therefore unjust and unlawful, and violative of Articles 14 and 21 of the Constitution of India, and consequently direct the respondents to investigate and file final report the F.I.R.No./Crime No 28/2014, dated 13.01.2014, on the file of S.H.O., P.S. Miyapur and pass such other order/s as this Hon'ble Court may deem fit and proper in the circumstances of the case." 3.

Learned Government Pleader placed on record the written instructions, dated 11.12.2019, issued by the Assistant Sub-Inspector of Police, Miyapur Police Station, Cyberabad Commissionerate. 4.

From a perusal of the said written instructions, it is revealed that pursuant to registration of Crime No.28 of 2014, investigation was completed and final report was filed referring the case as 'false' before the IX Metropolitan Magistrate, Kukatpally, on 24.10.2015. 5.

Since the final report is already filed, if the petitioner is having any objections, the remedy available is by way of a protest application before the concerned Magistrate.

6.

In that view of the matter, this Court is of the opinion that no further cause would survive in the writ petition and the same is liable to be closed.

7.

Accordingly, the writ petition is closed. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. ___________________ P. KESHAVA RAO, J 12th December 2019 mar