E. Satyanarayana v. The Superintendent Of Police,

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.9111 of 2011 ORDER:

Heard learned counsel for petitioner and the Assistant Government Pleader (Home).

The prayer of petitioner is against inaction of respondents in investigating complaint dated 23-01-2011 as illegal, arbitrary and unconstitutional.

At request of Assistant Government Pleader (Home), on 31-01-2017 this Court granted time to respondents to file counter affidavit by the next date of hearing.

The 2nd respondent filed counter affidavit and the operative portion reads thus :- " It is submitted that on receipt of the petitioner's complaint dt.31.01.2011 made before the Supdt. of Police, W.G.Dist., in the 3rd respondent Police Station, the same was examined and after causing necessary enquiry therein, the petitioner was called to the police station and accordingly, the petitioner approached the 3rd respondent police station on 14.04.2011 and made a complaint before the 3rd respondent police with regard to the incident dt.22.01.2011. Basing on the said complaint of the petitioner, a case in Cr.No.45/ 2011, dt.14.04.2011 U/ Ss.447, 354, 376 r/ w 511 IPC was registered on the file of the 3rd respondent police station against Elubandi Ramesh (A.1) and his father Elubandi Trimurthulu (A.2) and taken up investigation. After completion of investigation, the charge sheet was filed on 17.06.2011 in Cr.No.45/ 2011 before the Hon'ble II

Additional Judicial First Class Magistrate Court, Bhimavaram, wherein the Ac cused No.1, Elubandi Ramesh was convicted on 03.10.2012 vide S.C.No.639/ 11 by the Hon'ble on the file of the Hon'ble Senior Civil Judge Court, Bhimavaram."

From the above, it is submitted by the 2nd respondent that the inaction complained in the writ petition does not survive. The statement is placed on record.

The writ petition is closed, as no order is necessary. No order as to costs.

Miscellaneous petitions, if any, pending, shall stand closed. _____________ S. V. BHATT, J Dt: 08-02-2017 Prv