High Court for State of TelanganaWP/34954/2012dismissed no costs

Dalvai Venkateswarlu, v. The Superintendent Of Police,

2015-07-28Sanjay Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ***** WRIT PETITION No. 34954 of 2012 Between:

Dalvai Venkateswarlu.

... Petitioner And The Superintendent of Police, Kadapa, Kadapa District, & others.

... Respondents DATE OF JUDGMENT PRONOUNCED: 28.07.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE SANJAY KUMAR

1. Whether reporters of local newspapers Yes/No may be allowed to see the judgments?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals?

3. Whether Their Ladyship/Lordship wish to Yes/No see the fair copy of the judgment?

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 34954 of 2012 ORDER:

The grievance of the petitioner was that the police authorities were not investigating Crime No.174 of 2012 registered on the file of Rajampet (Urban) Police Station, Kadapa District.

Relying on the written instructions dated 21.07.2015 received from the Station House Officer, Rajampet (Urban) Police Station, Kadapa District, the learned Assistant Government Pleader for Home informed this Court that Crime No.174 of 2012 was registered under Sections 341, 364, 506 and 511 IPC read with Section 34 IPC on the file of Rajampet (Urban) Police Station, Kadapa District. This crime was registered upon the private complaint of the petitioner before the competent criminal Court being forwarded to the police. However, upon due investigation, the police authorities found that the allegations made against the accused in Crime No.174 of 2012 were false. Accordingly, the Sub-Divisional Police Officer, Rajampet, granted permission to refer the case as 'false' under proceedings dated 06.11.2012.

However, notice could not be served upon the petitioner as he remained untraceable and finally it was served upon him on 01.07.2015. Final report under Section 173 Cr.P.C. was filed on 06.07.2015 before the learned Judicial First Class Magistrate, Rajampet, referring the case as 'false'. In the light of the afore-stated developments, it is for the petitioner to take recourse to appropriate remedies available to him in law in the event he is aggrieved by the conclusion arrived at by the police authorities. Reserving liberty to the petitioner to do so, the writ petition is dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

___________________ SANJAY KUMAR, J Date: 28.07.2015 ES