Gunda Srinivasarao v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 29727 of 2017 O R D E R:

The grievance of the petitioner is that though FIR No.99 of 2017 was registered on 10.07.2017 on the file of Bapatla Town Police Station, there is no progress in the investigation. The petitioner states that initially, in spite of prima facie material available to the effect that there is a cognizable offence, no FIR was registered by the Police. It is only after the petitioner approached the learned Magistrate, the FIR was registered and the investigation was taken up.

A counter-affidavit has been filed on behalf of respondent Nos. 1 to 4.

Learned counsel for the petitioner submits that there are several lapses in conducting the investigation. In view of the stand taken by the Inspector of Police in the counter-affidavit, learned counsel submits that the investigation is not being done in the manner in which it has to be carried out. Having considered the averments made in the counteraffidavit filed by respondent Nos.1 to 4 and considering the scope and nature of consideration of these aspects in a writ petition, interests of justice would be served if the writ petition is disposed of with a direction to respondent No.4-Station House Officer, Bapatla, Guntur Rural, Andhra Pradesh to complete the entire

investigation in FIR No.99 of 2017 and file necessary report as required under Section 173 Cr.P.C.

Accordingly, the writ petition is disposed of directing respondent No.4 to complete the entire investigation and file necessary charge sheet / final report within a period of six weeks from the date of receipt of a copy of this order, and to take necessary steps without reference to the stand taken in the counter-affidavit.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J Dt:03.10.2017 Note: Issue cc in one week.

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