← Library
High Court for State of TelanganaWP/6842/2018disposed of no costs

Thogaru Ramesh v. The State Of Telangana

2018-03-07A V Sesha Sai4 pages

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.6842 OF 2018 ORDER:

Heard learned counsel for the petitioners and the learned Government Pleader for Home (TG) appearing for respondent Nos.1 to 5.

2.

When the matter is taken up, written instructions, dated 06.03.2018, furnished by the Sub-Inspector of Police, Nadigudem Police Station, Nadigudem Town & Mandal, Suryapet District are placed on record by the learned Government Pleader for Home. The said instructions read as under:- "On a complaint of District Manager, Civil Supplies Corporation Ltd., Suryapet district (6th respondent herein) lodged with the police of Nadigudem Police Station on 1.3.2018, a case in Cr.No.34/2018 U/secs.406, 409, 420 IPC dt.1.3.2018 was registered against defaulted rice miller Sri T.Ramesh, son of Narsaiah, Proprietor, Sri Sainidhi PBRI, Tellabelly (1st petitioner herein) as he misappropriated the government paddy costs Rs.3,53,17,300/- and taken up the investigation into the case.

During the course of investigation, the investigation officer examined the complainant/petitioner and some other witnesses and recorded their detailed statements.

Basing on the evidence, A1 Mr.T.Ramesh (1st petitioner herein) was arrested on 2.3.2018 and after following the due procedure, he was remanded to judicial custody.

While the matters stood thus, again the said District Manager (6th respondent herein) lodged another complaint on 5.3.2018 requesting to initiate action

against defaulted rice miller Mr.Immadi Venkateswarlu, son of Sri Ramaiah, Proprietor, Sri Chandana PBMRM, Munagala as he misappropriated the government paddy costs Rs.80,92,758/- upon which, a case in Cr.No.49/2018 U/secs.406, 409, 420 IPC dt.5.3.2018 was registered on the file of Munagala Police Station, Suryapet District and take up the investigation into the case.

It is respectfully submitted that the investigation is at the initial stage. Necessary steps will be taken against the concerned accused in the FIR depending on the evidence adduced during the course of investigation into the case. I assure to this Hon'ble Court that the investigation will be completed as expeditiously as possible.

It is pertinent to submit that on coming to know the lodging of the above complaint by the District Manager, Civil Supplies Department (6th respondent herein), as a precautionary measure to prevent the police from taking any action against them in future if any complaints lodge against them, the petitioners rushed to this Hon'ble Court and filed the present writ petition with false and frivolous allegations. If any information is received about the involvement of other petitioners 2 to 6 herein in the above cases or any fresh complaints received by the 6th respondent herein, certainly action will be taken against them by following the due procedure.

On mere apprehension, without any cause of action, the petitioners filed the present writ petition only for obtaining orders from this Hon'ble Court and hence the writ petition is liable to be dismissed." 3.

Having regard to the above said instructions and taking into consideration the submissions of the learned counsel for the petitioners and the learned Government Pleader, the Writ Petition is disposed of, by placing on record the written instructions, dated 06.03.2018, furnished by the Sub-Inspector of Police, Nadigudem

Police Station, Nadigudem Town & Mandal, Suryapet District, and it is open for the respondent police to proceed in accordance with law. There shall be no order as to costs.

4.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE A.V.SESHA SAI Date : 07.03.2018 AMD

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.6842 OF 2018 Date: 07.03.2018 AMD