Kotipalli Venkata Ramana, v. The State Of Andhra Pradesh

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH * * * WRIT PETITION No. 28529 of 2015 BETWEEN K.Venkata Ramana and others ... PETITIONERS AND The State of Andhra Pradesh, rep. by its Principal Secretary and others ...RESPONDENTS Date of Order pronounced: 18.09.2015 THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals?

3. Whether his Lordship wish to see the Yes/No fair copy of the Judgment?

ORDER:- Heard.

2. Petitioners are stated to be the accused in Crime No.91 of 2014 registered and pending before the sixth respondent. It appears that the seventh respondent made complaint dated 25.08.2014, based on which the

aforesaid crime No.91 of 2014 was registered and is stated to be under investigation. The grievance of the petitioners is no final report is being filed by the sixth respondent and has filed the present writ petition stating that non filing of the final report by the investigating officer amounts to violation of Articles 14 and 21 of the Constitution of India and the provisions of Criminal Procedure Code also.

3. Instructions of the learned government pleader for Home, however, state that during investigation, complainant and nine witnesses were already examined and their statements were recorded. Accused No.1 was arrested on 23.08.2014 and he filed Criminal Petition No.10417 of 2014 for quashing of the complaint. It is stated that on 23.09.2014 the said criminal petition was disposed of granting stay of arrest with a direction to complete the investigation subject to petitioners appearing before the investigating agency as and when their presence is required. However, it is stated that petitioners are not cooperating with the investigating officer and have not come before the investigating agency even when summoned and thereby the investigation could not be completed. It is also stated that collection of relevant documents from Revenue and Sub-Registrar is awaited and examination of some more witnesses is due. It is stated that as soon as the investigation is completed, appropriate final report would be filed before the court.

4. Evidently, petitioners have to cooperate with the investigating officer and must appear before him as directed by this court in Crl.P.No.10417 of 2014 dated 23.09.2014. The sixth respondent investigating officer shall take all necessary steps to get the relevant records from the revenue and registration officials, examine the balance of witnesses, and complete the investigation expeditiously and pass appropriate final report preferably before the end of December, 2015.

Writ petition is accordingly disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

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VILAS V. AFZULPURKAR, J September 18, 2015 LMV