Bodduluri Venkateswara Rao v. The State Of Telangana

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.7647 OF 2018 ORDER:

Heard learned counsel for the petitioner and the learned Government Pleader for Home (TG) appearing for the official respondents.

2.

When the matter is taken up, written instructions, dated 08.03.2018, furnished by the Sub-Inspector of Police, Keesara Police Station, Rachakonda Commissionerate are placed on record by the learned Government Pleader for Home. The said instructions read as under:- "On receipt of a private complaint filed by Sri G.T.Venkatesh (5th respondent herein) from the Hon'ble Court of X Metropolitan Magistrate, Ranga Reddy District at Malkajgiri against the petitioner herein, a case in Crime No.30/2018 under Sections 405, 418, 420 and 506 IPC dated 27.01.2018 was registered on the file of Keesara Police Station, Rachakonda Commissionerate and taken up the investigation into the case. The petitioner herein is shown as sole accused in the FIR. During the course of investigation, the investigation officer examined the complainant/5th respondent and recorded his detailed statement. Notice under Section 161 Cr.P.C. was also issued to the complainant requesting him to submit the relevant witnesses in support of his version and also produce the relevant documentary evidence to establish the offences.

I humbly submit that the investigation is at the initial stage. The investigation is pending for want of examination of some more witnesses. After registration of the above case, this respondent contacted the petitioner over phone but he did not respond to the same. On coming to know the registration of the FIR against him on the private complaint of the 5th respondent herein, the petitioner/accused with a malafide intention to prevent the investigating agency from not conducting the investigation in a fair and proper manner filed the present writ petition. I humbly submit that the petitioner is required in connection with the above.

Basing on the outcome of the investigation into the case, appropriate action will be taken against him by following the due procedure. Except conducting the investigation into the above case, this respondent never harassed him as alleged.

When the investigation is under progress and for want of gathering the evidence, at this juncture, if any orders/directions are passed, taking advantage of the same, the petitioner/accused may not cooperate with the investigating agency, thereby fair and impartial investigation cannot be conducted."

3.

A request is made by the learned counsel for the petitioner to place the said instructions on record and to dispose of the writ petition.

4.

Recording the said submission, the Writ Petition is disposed of, by placing on record the written instructions, dated 08.03.2018, furnished by the Sub-Inspector of Police, Keesara Police Station, Rachakonda Commissionerate. There shall be no order as to costs. Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE A.V.SESHA SAI Date : 09.03.2018 ssp