Nalamala Kishore Kumar v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.11639 of 2018 ORDER:

In this Writ Petition, under Article 226 of the Constitution of India, the complaint of the petitioner is that the 4th respondent, in his capacity as Station House Officer, Narasaraopet Rural Police Station, Naraasaraopet Mandal, Guntur District, is coercing the petitioner and exerting the pressure upon the petitioner to compromise with the accused in case in Crime No.131 of 2018, on the file of his Police Station, and efforts are also being made for fizzling out the investigation.

2.

I have heard the submissions of Sri N.V.R.Amarnath, learned counsel appearing for the petitioner, and of the learned Government Pleader for Home (A.P.), appearing for the respondents 1 to 3. I have perused the material record.

3.

At the hearing, learned counsel for the petitioner would submit that in view of the conduct of the 4th respondent, the petitioner has no confidence that he would conduct a fair and proper investigation into the crime and, therefore, if a direction is given to a superior Police Officer to supervise or super see the investigation into the afore-stated crime by the 4th respondent, the ends of justice would be met.

4.

Learned Government Pleader for Home, on written instructions, dated 11.04.2018, a copy of which is placed on record, would submit that the Investigating Officer is conducting fair and proper investigation into the crime and that no coercion or pressure is being exerted upon the petitioner to compromise with the accused

MSRM, J W.P.No.11639 of 2018 in the crime and that the allegations in the writ petition are false and invented and that, therefore, the request of the writ petitioner in the writ petition is untenable and, therefore, the writ petition is liable to be dismissed.

5.

Having regard to the facts and submissions, the Writ Petition is disposed of directing the Station House Officer, Narasaraopet Rural Police Station, Narasaraopet Mandal, Guntur District/3rd respondent herein, to conduct investigation into the afore-stated crime, by following the strict procedure established by law, and directing the Deputy Superintendent of Police to super see the investigation as per the provision of Section 36 of the Code of Criminal Procedure, 1973. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

______________________________ M.SEETHARAMA MURTI, J Date: 23rd April, 2018 KL

MSRM, J W.P.No.11639 of 2018 THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.11639 of 2018 Date: 23rd April, 2018 KL