Dubbaka Balaraju v. The Superintendent Of Police,

HONOURABLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No. 20015 of 2013 ORDER:

There is no representation on behalf of the petitioner. 2.

The prayer sought in the writ petition is as under: " ... Hon'ble Court may be pleased to issue a writ, order or direction, more particularly one in the nature of writ of mandamus declaring the acts of the 2nd respondent threatening, harassing and bringing pressure on the petitioner for entering into compromise with accused in Crime No. 154/ 2013 dated 31.05.2013 and also interfering with investigation and putting pressure on 3rd respondent to register false cases against him as illegal, unconstitutional, arbitrary and consequently direct the 1st respondent to initiate appropriate disciplinary action against the 2nd respondent besides directing him to desist from doing such illegal acts in the ends of justice and pass such other order or orders as the Honourable Court deems fit and proper in the circumstances of the case."

3.

Learned Government Pleader appearing for the respondents 1 to 3 placed on record the written instructions dated 20.07.2013 issued by the Sub-Inspector of Police, Makloor Police Station, Nizamabad District.

4.

From a perusal of the said written instructions, it is revealed that the petitioner lodged a complaint on 31.05.2013 with the 3rd respondent against one Sukki Sudhakar and others stating that on 30.05.2013 they trespassed into the house of the petitioner and beat him with sticks and requested the police for taking necessary action. Pursuant to the said complaint, a case in Crime No.154 of 2013 under Sections 448, 324, 506 r/ w 34 IPC has been registered on 31.05.2013 against the persons mentioned in the written instructions on the file of Makloor Police Station and took up investigation and sent the victims i.e. Balraju, Saikumar and Ramakrishna to the hospital for treatment. A notice dated 16.07.2013 under Section 41(a) Cr.P.C. was served on A-1 to A-7. During the course of

investigation, as many as six witnesses were examined and recorded their detailed statements. LWs.2 and 3 being the son and son-in-law of the petitioner, they corroborated with the contents of F.I.R. However, LWs.4 to 6 did not support the version of the petitioner/ complainant. The allegation of the petitioner that the Circle Inspector of Police, Nizamabad Rural has threatened to enter into compromise with the accused or else the petitioner will be implicated in false cases is specifically denied. It is also further mentioned in the written instructions that two criminal were registered against the petitioner on the file of Makloor Police Station vide Crime Nos.174 of 2013 and 179 of 2013. To escape from the liability of criminal cases mentioned above, the present writ petition has been filed, so that the respondent police cannot take any action against him. It is specifically mentioned in the written instructions that 2nd respondent never harassed and threatened the petitioner to enter into compromise with the accused at any point of time as alleged by the petitioner.

5.

Learned Government Pleader also brought to the notice of this Court that after completion of investigation, in Crime No.154 of 2013, charge sheet was filed and the same was taken on file vide C.C.No.709 of 2013 and subsequently, the matter was compromised in the Lok Adalat on 12.09.2015.

6.

In that view of the matter, this Court is of the opinion that there are no merits in the writ petition and the same is liable to be dismissed.

7.

Accordingly, the Writ Petition is dismissed. No order as to costs.

Miscellaneous petitions, if any, shall stand dismissed. ___________________ P. KESHAVA RAO, J Date: 04.12.2019.

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HONOURABLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.20015 of 2013 Date:04.12.2019 ccm