P.Srinivasa Varma v. The State Of Telangnaa,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND FIFTEEEN PRESENT HONOURABLE SRI JUSTICE A.V. SESHA SAI Between:

P. Srinivasa Varma ... Petitioner Vs.

The State of Telangana Rep. by its Prl Secretary, Home Department Secretariat, Hyderabad & Ors. ... Respondents Counsel for the Petitioner: Sri Venkateswarlu Sanisetty Counsel for the Respondents: GP for Home [TG] The Court made the following: [order follows] HONOURABLE SRI JUSTICE A.V. SESHA SAI

O R D E R :

This writ petition is filed under Article 226 of the Constitution of India for the following relief : "To declare the inaction of the respondent No.3 in investigating into Cr.No.92/2015 inspite of repeated visists as being illegal, arbitrary, unjust and unconstitutional and consequently to direct the respondent No.2 herein to take action against respondent NO.3 herein for dereliction of official duties and to entrust the investigation of the above case to some other investigating agency and to pas such other suitable orders as this court may deems fit and proper in the circumstances of the case."

2. When the matter is called, written instructions furnished by the Sub-Inspector of Police, Punjagutta Police Station, Hyderabad have been placed on record by the learned Government Pleader for Home.

3. The written instructions, reads as under: "It is submitted that Cr.No.92/2015 under section 448, 506 read with 34 IPC was registered on 31/1/2015 based on the complaint given by the writ petitioner.

Thereafter, the complainant was examined and recorded his statement. Later visited the scene of offence and caused discrete enquiries and also recorded the statements of witnesses. The police made several efforts to service notice under section 41 [A] Cr.P>C. to the Accused 1) Radha Krishna Reddy 2) Gajjela Kantham but in vain.

It is submitted that the investigation in Cr.No.92/2015 is completed and necessary steps are being taken up for filing charge sheet before the concerned court.

The allegation that the third respondent except registering the case is not making any investigation is false, baseless and denied. The allegation that instead of apprehending the accused the third respondent is calling the petitioner and threatening him to settle the issue with respondents 4 and 5 is also false, baseless and denied. It is incorrect to state that the third respondent derelicted his duties and acting as puppets at the hands of unofficial respondents. It is submitted that the petitioner without knowing the fact that the investigation has been completed in Cr.No.92/2015 and the police are taking steps to file charge sheet and the writ petitioner making false and frivolous allegations against the police, which are not correct and hereby denied."

4. On noticing the same, the learned counsel for the petitioner has requested this court to dispose of the writ petition by recording the said written instructions.

5. In view of the above, the writ petition is disposed of by recording the reasons mentioned in the written instructions, furnished by the Sub-Inspector of Police, Punjagutta Police Station, Hyderabad.

. 6. As a sequel, miscellaneous petitions if any, pending in this writ petition shall stand closed.

​ _____________________ JUSTICE A.V.SESHA SAI

15/09/2015 I s L HONOURABLE SRI JUSTICE A.V. SESHA SAI

Date:15/09/2015 Circulation No.

Court Master: I s L