Nallamilli China Ramakrishna Reddy, E.G.Dist. v. Prl. Secy., Home Dept. And 6 ORS.

THE HON'BLE SRI JUSTICE S. V. BHATT WRIT PETITION No.29036 OF 2013 ORDER:

No representation for the petitioner. Heard the Assistant Government Pleader for Home appearing for the respondents. 2.

Petitioner prays for the following relief:

"...

Writ of Mandamus declaring the action of 2nd respondent in not initiating any action against the respondents 3 to 7, in pursuance of the complaint given by the petitioner and in pursuance of the Crime No.174/2013, dt.07.08.2013, under Secs.342, 324 r/w Sec.34 of I.P.C., on the file of the Ravulapalem Police Station, as arbitrary, illegal and against to the Principles of Natural Justice ..."

3.

The 2nd respondent filed counter affidavit and has stated on completing the investigation and filing the report as follows: "... It is respectfully submitted that, the contention of the petitioner that, this respondent did not initiate any action against the accused persons is incorrect, baseless and far from truth. This respondent examined as many as seven witnesses and the investigation is under progress. It is respectfully submitted that, this respondent assures this Hon'ble Court that the investigation will be completed in an impartial and sincere manner and appropriate report/charge sheet will be submitted before the concerned Hon'ble Court at the earlier."

4.

From the above, it is clear that as on 29.10.2013, the 2nd respondent was about to file final report/charge sheet, as the case may be. The Assistant Government Pleader does not have latest instructions. Therefore, instead of granting further time to Assistant Government Pleader and also that counsel for petitioner

is not present, I am satisfied, the Writ Petition can be disposed of by the following order.

5.

The 2nd respondent conforms to the procedure prescribed in filing the final report/charge sheet, if not already filed before the competent Court, within four weeks from the date of receipt of copy of this order.

6.

With the above observation, the Writ Petition is disposed of. No order as to costs.

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

______________ S. V. BHATT, J Date:02.01.2018 KH