Vaddireddy Anthoni Reddy v. The Government Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF NOVEIUBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRIJUSTICE P. NAVEEN RAO WRIT PETITION NO: 18913 OF 2020 Between:

.Vaddireddy Anthoni reddy, S/o Sheri Reddy, Aged about 66 yrs, Occ Retd Employee, Fi./o. D.No. 2-99111401 , Abhitej Enclave, Chaitanyapuri, ,l_X?f,?#r=* AND

1. The Government of Telangana, rep by its, Principal Secretary, Home Department, Secretariat Buildings, Hyderabad

2. The Station House Officer, Gudipally, Nalgonda District. RESPONDENTS Petition under Article 226 of the Constltution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direclion, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd Respondent in not conducting investigation in Cr.No. 11112019, dt 0110712019 offence under section 143, 447, 427, 504,506 R/w.

34 of lPC, on the file of 2nd respondent as being illegal arbitrary and unjust lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd Respondent to forthwith complete the investigation to file charge sheet in conducting investigation in Cr.No. 11112019, dt 01 .07.2019 office under sec.143,447 ,427,504, 506 R/w.

HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.18913 of 2O2O ORDER:

Heard learned counsel for petitioner and learned Assistant Government Pleader for Home.

2.

This writ petition is filed alleging that though on the crime reported by the petitioner, Crime No.1 11 of 2Ol9 was registered on O1.07.2019 by the second respondent, so far, there is no progress in the investigation and on account of delay in conducting investigation, there is every possibility of accused getting away with the crime, even though crime was committed by them and there is no justification for the police in not conducting investigation and filing the linal report.

3.

It appears from the material on record, crime was registered on Ol.O7 .2019 . The only grievance of the petitioner is against delay in completing the investigation.

4, A1l these aspects were considered by this Court in WP.No. W.P.No.3B397 of 2018 and batch in Govind Raju Sami v. State of Telangana and Othersl and following the earlier judgments of Hon'ble Supreme Court, this Court held that appropriate remedy for a person aggrieved by delay in conducting investigation is also under the Code of Criminal Procedure and said provisions have to be availed before coming to this Court. In M.Subramaniam and another v. S,Janaki and another2, the Hon'ble Supreme Court has reiterated the principle laid down in the earlier decisions. ' zo ts 1s;elr ras 2 2o2o scc online S.C. 34 1

5.

Following the said judgments, this writ petition is dismissed granting liberty to petitioner to work out his remedies as available in law on the allegation of inordinate delay in completing the investigation. Miscellaneous petitions, if any pending, stand closed. SD/-N.CHANDRA SEKHAR RAO ASSISTANT RE ,TRUE COPY// SE N OFFICER To, 1 . One CC to Sri Praveen Kumar Veerjala Advocate [OPUC]

2. Two CCs to GP for Home, High Court forthe State of Telangana (OUT)

3. Two CD Copies MBC \ \.F

HIGH COURT .,'"

DATED: 0311112020 iA r4:

s l1 k o^ ('I c Jo ,J 0 7 No'/ 2020 { ,r * :ItT

ORDER

WP.No.18913 of 2020 DISMISSING THE WRIT PETITION WITHOUT COSTS o .,O