Baikar Srinivas Kumar And 2 ORS. v. S.H.O., I Town P.S., Vizianagaram And 5 ORS.

HON'BLE SRI JUSTICE S.V. BHATT W.P. No.6610 OF 2013 ORDER:

Heard Mr.Hussain holding for Mr.V.Raghunath.

The petitioners pray for Mandamus declaring the inaction of respondents 1 to 6 in conducting investigation effectively in respect of Crime Nos.96/ 2012 and 101/ 2012 of 1 Town Police Station, Vizianagaram and failure to consider petitioners' representations dated 04.06.2012 and 10.09.2012, as illegal, arbitrary and unconstitutional.

On 06.03.2013, the writ petition was admitted.

The respondents have not filed counter affidavit, but have sent written instructions to the office of Government Pleader (Home). The Assistant Government Pleader basing on written instructions submits that in all three crimes namely, Crime Nos.95/ 2012, 96/ 2012 and 101/ 2012 were registered in the P.S. of 1st respondent. The outcome of above crimes is that on 31.08.2012 charge sheet was filed in Crime No.95/ 2012. On 13.03.2013 vide DDR No.3467/ 2013 final report was filed in Crime No.96/ 2012 as no crime is alleged in the complaint. On 13.3.2013 vide DDR No.3468/ 2013 final report was filed in Crime No.101/ 2012. This Court is of the view that the petitioners, if are aggrieved, have to work out the remedies available against the filing of final report in Crime Nos.96/ 2012 and 101/ 2012. At this juncture, in view of the instructions of 1st respondent, the prayer as made cannot and could not be considered. The writ petition fails and is dismissed. However, liberty

is granted to work out the remedies against the final reports filed in Crime Nos.96/ 2012 and 101/ 2012.

No order as to costs.

Miscellaneous petitions pending, if any, shall stand closed. ___________ S.V.BHATT, J Date: 28.11.2017 Stp