M. Sudhakar, S/O. M. Narayana v. Commissioner Of Police, Hyderabad.

THE HONOURABLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.11658 of 2014 ORDER:

Heard learned counsel for the petitioner as well as learned Government Pleader appearing for the respondents 1 to 3. 2.

The prayer sought in the writ petition is as under:- "...to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring in action of the respondents in not investigating into the case and arrest the accused in FIR No.426/2013, dated 18.12.2013 of Saidabad Police Station, Hyderabad, is illegal, arbitrary and in violation of natural justice and consequently direct the respondents to investigate into the case in Crime No.426/2013 dt.18.12.2013 of Saidabad Police Station, Hyderabad. and file final report and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

3.

The 2nd respondent-Station House Officer, Saidabad Police Station issued written instructions, dated 13.12.2019. From a perusal of the said written instructions, it is revealed that on the point of jurisdiction, the 2nd respondent filed memo before the learned VII Additional Chief Metropolitan Magistrate, vide SR.No.3836 of 2019, dated 03.12.2019, for obtaining permission to transfer this case to Sarrornagar Police Station for further investigation and the same is pending for consideration. It is further mentioned in the written instructions that soon after obtaining permission from the concerned Court, appropriate action/steps will be taken duly following the due process of law.

4.

The writ petition is of the year 2014 questioning the inaction on the part of the respondents in investigating into the case and arrest the

accused in F.I.R.No.426 of 2013. In spite of lapse of six years, still the crime is at the stage of investigation only. From this, it shows the negligence and callousness on the part of the respondents in pursuing the matter. In these circumstances, the 2nd respondent is directed to complete the investigation, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order, after obtaining permission from the learned VII Additional Chief Metropolitan Magistrate, Nampally.

5.

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

Miscellaneous petitions pending, if any, shall stand closed. ___________________ P. KESHAVA RAO, J 3rd January 2020 mar