High Court for State of TelanganaWP/19997/2019closed no costs

U. V. Suresh Kumar v. The State Of Telangana, And 6 Others

2019-12-16T.Vinod Kumar3 pages

HONOURABLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.19997 OF 2019 ORDER (ORAL) :

This writ petition is filed by the petitioner seeking to declare the action of respondent Nos.2 to 6 in not conducting investigation into Crime No.802 of 2016 dated 17.10.2016 on the file of respondent No.6 - Station House Officer, Vanasthalipuram, Ranga Reddy District, Telangana, as being illegal and arbitrary, and for a consequential direction to respondent Nos.2 to 5 to enquire into the above crime.

2. Heard the petitioner as party-in-person viz., Sri U.V. Suresh Kumar, Advocate, and learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 6, and perused the material on record.

3. The grievance of the petitioner is that the complaint made by him to respondent No.6 with regard to theft of his car, which was parked in front of his house, by some unknown offenders, is not investigated into by the authorities and no action was taken against the offenders.

4. A counter affidavit has been filed on behalf of respondent No.6. It is stated in the counter affidavit that based on the complaint of the petitioner dated 17.10.2016, on the same day, a case was registered in Crime No.802 of 2016 for the offence punishable under

Section 379 of the Indian Penal Code, 1860, and investigated into. During the course of investigation, the car, which was alleged to be stolen, was seized on 26.07.2017 and deposited before the Court concerned. It is stated that at the time of seizure of car, no document or material was found in the car and the same was recorded in the panchanama. Subsequently, six witnesses were examined, accused were arrested on 01.09.2017, produced them before the learned VII Metropolitan Magistrate, Cyberabad at Hayathnagar and the learned Magistrate remanded them to judicial custody. It is further stated that after completion of the investigation, charge sheet was filed on 07.11.2019 before the learned Additional Metropolitan Magistrate, Hayathnagar, and Calendar Case number is awaited.

5. Having regard to the above statement made by respondent No.6 in the counter affidavit, according to which, the grievance of the petitioner with regard to respondent No.6 not conducting investigation in Crime No.802 of 2016 stands redressed, this Court is of the view that no further orders are required to be passed in the matter. If the petitioner is aggrieved by the manner in which the investigation was conducted and the chargesheet was filed, it is open for him to approach the appropriate forum availing the remedies in accordance with law.

6. With the above observations, the writ petition is closed. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition stand closed.

_______________________ T. VINOD KUMAR, J December 16, 2019.