Dr.R.Nageswara Reddy v. The State Of Telangana

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.5154 of 2018 O R D E R:

When the matter is taken up, written instructions furnished by the Sub-Inspector of Police, Nacharam Police Station, Rachakonda Commissionerate, dated 16.02.2018, are placed on record. The said instructions read as under:

"On receipt of a private complaint filed by Sri Manda Santosh Reddy resident of Road No.4, Beside Bharat Electronics Ltd., IDA Mallapur, Nacharam, Hyderabad from the Hon'ble Court of XIII Metropolitan Magistrate, Cyberabad, RR District at LB Nagar, a case in Cr.No.468/2017 U/secs.420, 406l, 504, 506 IPC dated 20.11.2017 was registered against the petitioner herein on the file of Nacharam Police Station and taken up the investigation into the case.

The petitioner herein is shown as sole accused in the FIR. The gist of the private complaint of the complainant herein is that when the complainant went to the house of the petitioner/alleged accused and requested him to settle the payment for which the petitioner abused him in filthy language and threatened with dire consequences and accordingly cheated him by way of criminal breach of trust.

During the course of investigation into the case, the investigation officer examined the complaint and record his detailed statement.

The investigation is under progress. Unless and until, a fullfledged investigation is conducted and completed, it cannot be decided at this stage that the petitioner is innocent of the offences. It is pertinent to submit that to diver the attention of the investigating agency in not conducting the investigation into the above case as per law, the petitioner/alleged accused approached

this Hon'ble Court and filed the present writ petition with false and baseless allegations.

It is submitted that basing on the outcome of the investigation into the case, appropriate action will be taken against he petitioner/alleged accused.

I humbly submit that the petitioner is required in connection with the above. Action will be taken against him by following the due procedure of law.

I humbly submit that if the petitioner makes the complainant as party respondent to this writ petition, the real facts would have come to light.

It is submitted that the allegation of the petitioner that on 20.1.2018 he received a call from the sub Inspector of Police asking him to come down to the police station and on the very next date he got a call from a constable of the station threatening him to settle the issue with Manda Laboratories or to face arrest and the said constable Sai Kumar has been visiting his house and harassing him and his family members is absolutely false and hence denied.

Except conducting the investigation into the case and proceeding with the investigation as contemplated under law, this respondent never asked the petitioner to settle the matter with the complainant."

2.

Having regard to the above instructions, the writ petition is disposed of by placing on record the said instructions furnished by the Sub-Inspector of Police, Nacharam Police Station, Rachakonda Commissionerate, dated 16.02.2018. Miscellaneous petitions pending, if any, shall stand disposed of. There shall be no order as to costs. ______________ A.V.SESHA SAI, J Date:19.02.2018 grk

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.5154 of 2018 Dated: 19.02.2018 grk