← Library
High Court for State of TelanganaWP/44499/2016disposed of no costs

Gundupalli Srinivas, v. The Station House Officer,

2016-12-21Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.44499 OF 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking a direction to respondent Nos.1 and 2 to file a final report in F.I.R.No.493 of 2014 on the file of respondent No.1 forthwith.

2.

Heard and perused the material available on record. 3.

Case of the petitioner is that respondent No.4 filed a false complaint against him before respondent No.1 and the same was registered as the aforementioned crime for the offences punishable under Section 506 I.P.C. and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989; that the complaint does not contain any incriminating material; that he never did any criminal activities; that though the F.I.R. was registered on 6.11.2014, respondent Nos.1 and 2 have not filed a final report till date.

4.

Learned Assistant Government Pleader for Home submitted that on the basis of the said complaint, a case was registered against the petitioner and respondent No.1 is investigating the matter in accordance with law.

5.

The complaint pertains to the year 2014. Considering the facts and circumstances of the case and the grievance of the petitioner, without expressing any opinion on merits, respondent No.1 is hereby directed to complete the investigation in the aforementioned crime and file a final report, in accordance with

law in either way, without arresting the petitioner. However, the petitioner shall appear before the investigating officer as and when required for the purpose of investigation. In case any charge sheet is filed and summons are received by the petitioner, he shall appear before the Court concerned and execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with one surety for the like sum for his future appearance.

6.

With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

7.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO 21.12.2016 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.44499 OF 2016 Date: 21.12.2016 AMD