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High Court for State of TelanganaWP/41199/2015closed no costs

Mr.Moturi Srinivas Prasad S/O Late Dr.M Satyanarayana v. The State Of Telangana

2016-03-31Sanjay Kumar3 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 41199 of 2015 ORDER:

The prayer of the petitioner in this case is as under: "Hon'ble High Court may be pleased to issue a writ, order or a direction, one more in the nature of Writ of Mandamus.

i) declaring the inaction of the respondents No.1 and 2 in acting upon the representations made by the petitioner Dt.6-42015 and 7-5-2015 and taking appropriate action in transferring the various cases on the files of the respondents No.5, 6 and 7 registered by the petitioner and others and the 13th respondent and others to the CB CID (Economic Offences Wing) and for causing and completing a comprehensive investigation, as illegal arbitrary and unconstitutional, being in violation of Articles 14 of the Constitution of India; and ii) further declaring the inaction of the respondents 9 to 12 in taking appropriate action on the representations filed by the petitioner Dt.

27-6-2014 and 11-3-2015 in registering appropriate complaints before the 8th respondent for causing an investigation into the contents of the complaints; and iii) consequently direct the respondents to combine all the cases registered on the files of the respondents 5, 6 and 7, pertaining to the affairs of M/s.Nandan Cleantec Limited, the 14th respondent herein and transfer the same to any responsible officer who is competent to conduct an investigation into economic offences working under the 3rd respondent or any other competent investigating agency and take necessary action against the persons found responsible; and iv) Also consequently direct the respondents 9 to 12 for taking appropriate action on the representations filed by the petitioner Dt.

27-6-2014 and 11-3-2015 and registering appropriate complaints before the 8th respondent for causing an investigation into the contents of the complaints; and v) and pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case." 2.

Under Memo No.61/SC/A2/2015-1 dated 07.05.2015 issued by the Secretary to Government, Home (SC) Department,

Government of Telangana, the Director General of Police, Telangana, Hyderabad, was requested to transfer the investigation in FIR No.14 of 2014 and the related FIRs registered on the files of Zaheerabad Rural and Town Police Stations, Medak District to the CBCID for enquiry.

3. Written instructions dated 30.03.2016 were furnished by the Deputy Superintendent of Police, GOW, CID, Telangana State, Hyderabad, to the office of the learned Government Pleader for Home wherein he stated that as per the orders of the Additional Director General of Police, CID, Telangana State, vide C.No.4140/C-14/EOW/CID/2016 dated 22.02.2016, eight cases were transferred from Zaheerabad Rural and Town Police Stations to the CID, Telangana State, for further investigation. The Crimes so transferred are as under:

1. Cr.No.14/2014 U/Sec 406, 420 r/w 34 IPC of Zaheerabad Rural PS.

2. Cr.No.55/2014 U/Sec 447 IPC of Zaheerabad Rural PS.

3. Cr.No.68/2014 U/Sec 420, 468 IPC of Zaheerabad Town PS.

4. Cr.No.30/2014 U/Sec 461, 420 IPC of Zaheerabad Rural PS.

5. Cr.No.77/2014 U/Sec 420 r/w 34 IPC of Zaheerabad Town PS.

6. Cr.No.38/2014 U/Sec 120(B), 403, 406, 420, 424 r/w 34 IPC, 156(3) Cr.P.C. of Zaheerabad Rural PS.

7. Cr.No.28/2014 U/Sec 120 (B), 403, 406, 424, r/w 34 IPC, 156(3) Cr.P.C. of Zaheerabad Rural PS.

8. Cr.No.54/2014 U/Sec120 (B), 403, 406, 420, 423 r/w 34 IPC, 156(3) Cr.P.C. of Zaheerabad Rural PS.

4.

In addition to the above, the Deputy Superintendent of Police stated that Crime Nos.169 of 2014 and 113 of 2015 on the file of the Central Crime Station, Hyderabad, were also being transferred to the CID, Telangana State, for further investigation.

5. In the light of the aforestated developments, the grievance of the petitioner stands settled.

6. The Writ Petition is accordingly closed. The investigation in the subject crimes shall be completed expeditiously and necessary action shall be taken thereon in accordance with law. Pending miscellaneous petitions, if any, shall also stand closed in the light of this final order. No order as to costs. ________________________________ JUSTICE SANJAY KUMAR March 31, 2016 Lmv