M.V.K.Narasimha Rao v. The State Of Andhra Pradesh, Rep.By Its

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.12716 of 2012 ORDER:

This writ petition was filed challenging the action of respondents in not conducting investigation in Crime No.35 of 2012 on the file of the Police, Pet Basheerabad in a fair and transparent manner and deleting the charges of offence under Section 363 of IPC, as illegal, arbitrary and unconstitutional.

A counter affidavit is filed by the Inspector of Police and Station House Officer of Pet Basheerabad Police Station, Cyberabad, stating that the petitioner, who is aged about 70 years, lodged a complaint on 28.01.2012 alleging that on 25.01.2012 a person by name Bhupathi Reddy, respondent No.5 herein, enquired the security at the main gate and wanted to meet him. When he was not allowed to see him, he sought for the complainant's phone number. Later on, he came along with two more people and was enquiring about the schedule of work of the complainant. Sensing some trouble the complainant rang up to Pet Basheerabad Police Station, which immediately deputed their mobile patrolling personnel to the complainant's place. When the complainant was leaving the factory, police were at the gate and noticing that respondent No.

5 and his people were following the complainant's car, the Police accompanied him for his protection. The suspected people were taken to the Police Station and in the presence of police respondent No.5 threatened the complainant with dire consequences. A crime was registered as Crime No.35 of 2012 under Sections 506, 363 read with Section 511 IPC and the investigation was taken up. The Investigating Officer apprehended the respondents 5 to 7 at Anantahram Village, Jinnaram Mandal, Medak District and the accused confessed their guilt. They were arrested on 06.02.

they were subsequently enlarged on bail by the learned XV Metropolitan Magistrate at Medchal, Cyberabad. After completion of the investigation, charge sheet was filed on 10.02.2012 before the XV Metropolitan Magistrate, Medchal, Cyderabad in C.C. No.42 of 2012 and the case is under trial.

In view of the above circumstances, no further orders are necessary in the present writ petition. However, if the petitioners are aggrieved with regard to improper investigation of the offence and not including a particular section in the charge sheet, it is open to the petitioners to take appropriate proceedings under the Code of Criminal Procedure before the concerned Court. Accordingly, this Writ Petition is disposed of. No order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

________________________________ A.RAMALINGESWARA RAO, J 16.02.2016 MVA