Kotapati Sravani v. The State Of Telangana

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 19387 OF 2019 O R D E R:

Heard learned counsel for the petitioner as well learned Government Pleader for Home for the 2nd respondent. Considering the nature of relief, which the petitioner seeks, no notice need be issued to the 3rd respondent. The main grievance of the petitioner is that the 2nd respondent has not completed investigation and filed charge sheet in Crime No. 243 of 2018 of Women Police Station, CCS, Hyderabad (original Crime No. 246 of 2017 of PS. Jubilee Hills) against the 3rd respondent registered for the offences punishable under Sections 498-A, 420, 323, 109 read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

Though more than two years elapsed, it is unfortunate to note, the 2nd respondent in his written instructions submitted to the Government Pleader for Home, states that the investigation is still on. In this connection, it is pertinent to observe the following Standing Order in the Police Manual:

"478(5) The limitation permissible under law is quite liberal. It should not be construed to mean that the cases can be delayed up to the maximum period of limitation. The following maximum time limits are prescribed for completion of investigation for some of the cases:

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2 months for offences u/s 131 to 140, 166 to 171, 230 to 263A, grievous hurt, 339 to 348, 376 to 377, robbery, house breakings and theft, 421 to 424, 490 to 492 and 494 to 502 IPC."

As can be seen from the above-quoted Standing Order, the entire investigation ought to have been completed within two months, whereas in the present case, the 2nd respondent even at

this stage, is finding an excuse for non-performance of his duty as mandated under the Standing Order stating that he is required to obtain a statement alleged to have been given by the father of the petitioner in an unrelated case.

Whatever it may be, instead of keeping the Writ Petition pending, it is directed that the 2nd respondent shall complete the investigation and file the charge sheet in Crime No. 243 of 2018 of Women Police Station, CCS, Hyderabad, without fail, before the appropriate Court, within three weeks from the date of receipt of a copy of this order.

The Writ Petition is disposed of accordingly. No costs. The miscellaneous Applications, if any shall stand closed. ___________________________ CHALLA KODANDA RAM, J 20th September 2019 ksld