Syed Farees Ahmed, v. The State Of Telangana

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.34931 of 2015 ORDER:

The grievance of the petitioner was that respondents 2 to 6 were not handing over the investigation in Crime No.388 of 2014 on the file of Abid Road Police Station, Hyderabad, to any other competent officer by withdrawing the same from the seventh respondent, the Sub-Inspector of Police, Abid Road Police Station, Hyderabad.

The Station House Officer, Abid Road Police Station, Hyderabad, furnished written instructions dated 02.11.2015 to the Office of the learned Government Pleader for Home stating that Crime No.388 of 2014 had been registered on the file of his Police Station under Sections 323 and 341 IPC. The Station House Officer further stated that after due investigation, the case was referred as 'mistake of fact' on 19.10.2015 and a final report to that effect was stated to have been filed before the learned II Additional Chief Metropolitan Magistrate, Hyderabad. He further stated that the petitioner was reluctant to take a copy of the notice and it was accordingly sent by registered post to the petitioner on 20.10.2015. In the light of the afore-stated developments, the cause in the Writ Petition no longer survives for consideration on merits. If the petitioner is aggrieved by the final report filed by the police authorities before the competent criminal Court, it is for him to take recourse to appropriate measures in accordance with law.

Reserving liberty to the petitioner to do so, the Writ Petition is dismissed.

Pending miscellaneous petitions shall also stand dismissed. No order as to costs.

____________________ SANJAY KUMAR, J 3rd NOVEMBER, 2015.

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