M. Eshwarji, S/O Ramji, R/ O. A/128, Phase-Ii, v. The State Of Telangana. Rep.By Its Principal Secretary,
HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.23747 of 2017 ORDER:
This Writ Petition is filed seeking a direction to the 3rd respondent to transfer and entrust the investigation in FIR Nos. 132 and 183 of 2017 of Jadcherla Police Station to any other investigation Officers other than 4th and 5th respondents. When the matter is taken up for hearing, the learned Government Pleader for Home (T.S.) had placed on record the written instructions received from the 5th respondent-SubInspector of Police, wherein it is categorically stated that on receipt of a private complaint, filed by the petitioner, from the Judicial Magistrate of First Class, Jadcherla, he has registered a Crime No.132 of 2017 on 03.05.2017 for the offences under Section 447, 434, 418, 419, 420, 464, 471, 120(B) r/w 34 IPC against M.
Ramchanderji and 4 others and during the course of investigation he sent a requisition to the Mandal Revenue Officer, Jadcherla, seeking clarification regarding the disputed lands between the parties and the same is awaited. While the things stood thus, the petitioner filed another case in Crime No.183 of 2017 on 15.06.2017 for the offences under Sections.447, 427, 504, 506 r/w 34 IPC, against the same accused alleging they criminally trespassed into the suit schedule lands of the petitioner and damaged the cotton seeds and also threatened them with dire consequences. During the course of investigation he examined the petitioner as well as other witnesses and served Notices on the accused under Section 41(a) of Cr.P.C.
that fair and impartial investigation is going on in these two cases and denied all other allegations.
Taking into consideration of the written instructions made available to the learned Government Pleader that the investigation is in progress, there shall be a direction to the 5th respondent to complete the investigation within a period of three months from the date of this order and take necessary action and file necessary report as mandated under Section 173(2) of the Criminal Procedure Code at the earliest.
Accordingly, the Writ Petition is disposed of. No costs. Miscellaneous Petitions pending, if any, shall also stand closed.
____________________________ CHALLA KODANDA RAM, J Date: 13.09.2017 Note: Issue CC forthwith.
B/o Ssv