M.Srilatha v. The Governement Of Telanagna,

THE HONOURABLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.34145 of 2014 ORDER:

Heard learned counsel for the petitioner as well as learned Government Pleader appearing for respondent Nos.1 and 2. 2.

The prayer sought in the writ petition is as under:- "...to issue writ, order or direction preferably a Writ in the nature of Writ of Mandamus declaring the action of the respondents in not conducting investigation in proper manner and not adding the section 375 of I.P.C. in Charge sheet vide 30/2014 field before the Hon'ble Judicial First Class Magistrate, Kamareddy, Nizamabad as illegal, arbitrary and violation of Art 14 of the Constitution of India and consequently direct the respondent to add the section 375 of I.P.C. in Charge sheet vide 30/2014 filed before the Hon'ble Judicial First Class Magistrate, Kamareddy, Nizamabad by filing additional charge sheet and pass such other order or orders may deem fit and proper in the circumstances of the case."

3.

Learned Government Pleader placed on record the written instructions issued by the 2nd respondent-Station House Officer, Bibipet Police Station, Nizamabad District.

4.

From a perusal of the said written instructions, it is revealed that the petitioner herein filed a complaint on 02.07.2014 against the 3rd respondent stating that in the year 2009 she met with the 3rd respondent and subsequently she developed into a friendship and love affair, during which, they were also involved sexually and the 3rd respondent promised to marry her. However, after a long relationship, the 3rd respondent is refusing to marry her. Therefore, she requested the police to take necessary action against the 3rd respondent. Pursuant to the said complaint, a case in Crime No.62 of 2014 for the

offence under Sections 493 and 420 IPC was registered against the 3rd respondent on the file of the 2nd respondent Police Station on 02.07.2014. Learned Government Pleader submitted that after completion of investigation, a charge was filed on 09.07.2014 before the learned Judicial First Class Magistrate, Kamareddy, Nizamabad District. The same is taken on file as C.C.No.369 of 2014. On trial, the matter ended in acquittal on 13.02.2017.

5.

In that view of the matter, this Court is of the opinion that no further cause would survive in the writ petition and the same is liable to be closed.

6.

Accordingly, the writ petition is closed. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. ___________________ P. KESHAVA RAO, J 7th January 2020 mar