Pushpa Rani Tokka v. The Principal Chief Secretary, (Home Department)

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.17186 OF 2018 O R D E R :

This writ petition is filed for a direction to the 2nd respondent for investigation by the Crime Investigation Department (CID) and take action in Crime No.93/2016 of Pendurthy Police Station, Visakhapatnam City, within the stipulated time as per the provisions of the SC/ST Amendment Act, 2015.

Heard learned counsel for the petitioner.

Learned Assistant Government for Home basing on the counter states that during the course of investigation in the aforesaid crime, the investigating officer has examined as many as 10 witnesses and recorded their statements and after completion of the investigation, the same was referred as 'civil in nature', as per orders of the Commissioner of Police, Visakhapatnam City vide C.No.646/C4/CCRB/2018, dated 12.06.2018.

Thereon, the complainant's notice was served on the petitioner on 13.06.2018 and filed the final report before the Hon'ble XI Additional District and Sessions Judge Court-cum-Special Court for SC/ST (POA) Act cases on 13.06.2018, vide DDR No.1214 and that the same is now pending on the file of the said Court.

Learned counsel for the petitioner states that the respondents have not followed the provisions of law in filing charge sheet and he tried to argue the case on merits.

Since already final report is filed, petitioner has alternate remedy before the concerned Court and petitioner can raise all his pleas which are available under law.

With the above direction, the writ petition is disposed of. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

_______________________________ A.RAJASHEKER REDDY, J 27.06.2018 t k.