B. Sujith Reddy (A2) v. The State, Rep. By Sho.,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.11517 of 2012 ORDER:

This writ petition was filed challenging the F.I.R.No.135 of 2012 on the file of Saifabad Police Station registered against the petitioner, who is arrayed as A.2, pursuant to the private complaint filed by respondent No.2.

At the time of consideration of the present writ petition, it is brought to the notice of this Court that the two other accused also filed W.P. No.9143 of 2012 and W.P. No.10056 of 2012 and those writ petitions were withdrawn with liberty to file quash petition under Section 482 Cr.P.C. and accordingly, permission was granted on 10.07.2012.

Learned counsel appearing for respondent No.2 submits that no petition was filed under Section 482 Cr.P.C. He also submits that the complainants themselves filed W.P.No.26424 of 2012 seeking a direction to respondents 1 to 3 therein for investigation and arrest of the accused pursuant to Crime No.135 of 2012 and this Court disposed of the said writ petition on 17.09.2012 stating as follows: "2. When a cognizable offence is registered under Section 154 Cr.P.C., it is the statutory duty of the police to conduct investigation, complete the same and file report. 3 .

Therefore, the Writ Petition is disposed of directing the third respondent to complete the investigation and file report as contemplated under Section 173 Cr.P.C., within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall also stand closed."

It is submitted by both the counsel that in spite of a direction to complete the investigation and file a report within a period of three months, no charge sheet or final report was filed till today. A counter affidavit is filed by respondent No.1 stating that the

investigation is under progress and the petitioner herein obtained anticipatory bail from this Court in Criminal Petition No.4641 of 2012 dated 05.06.2012. He also stated that all the averments made in the affidavit are the subject matter of investigation in the said crime and the investigation is pending for want of collection of material evidence and to examine some more witnesses. He also stated that the investigation is at crucial stage.

In view of the above circumstances, this Court is not inclined to interfere with the investigation process and accordingly, this Writ Petition is dismissed. No order as to costs.

Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

________________________________ A.RAMALINGESWARA RAO, J 14.03.2016 MVA