M/S. Live Well Impex Ltd., v. The State Of Telangana Rep. By Its Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.2115 of 2015 BETWEEN M/s.Live Well Implex Ltd., rep. by its Additional Director ... PETITIONER AND The State of Telangana, Rep. by its Principal Secretary, A.P. Secretariat Building, Hyderabad and others. ...RESPONDENTS The Court made the following:

ORDER:

Heard.

2. Petitioner has filed this writ petition alleging that his complaint, which is registered as F.I.R.No.1205 of 2014 dated 10.10.2014 before Banjara Hills police station, respondent No.5, is not being investigated properly. Petitioner alleges that the accused persons have not even been called nor questioned and the investigation is carried out in a perfunctory manner. Hence, the present writ petition is filed seeking to transfer the investigation to CBCID or task force or a special investigation team as the petitioner alleges that the accused persons have influenced respondent Nos.5 to 7 and thereby the

investigation is not done in a scientific and proper manner.

3. Instructions of the learned Government Pleader, however, show that the investigating officer has examined six witnesses including the complainant and the investigation is pending for want of examination of some more witnesses and collection of material evidence and that necessary steps would be taken after completing the investigation expeditiously.

4. In order to redress the grievance of the petitioner and to ascertain as to whether the said grievance is justified on the facts and circumstances of the case, it would be appropriate to direct respondent No.4 to call for and examine the file relating to the aforesaid FIR and oversee the investigation made so far and to take such further steps and issue such further directions as are warranted to ensure that the investigation is carried in a transparent and fair manner by taking all necessary required steps. Petitioner is also at liberty to make a representation before respondent No.4 pointing out the vital aspects relating to the investigation, which according to the petitioner was left out from consideration.

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

_____________________ VILAS V. AFZULPURKAR, J February 11, 2015 LMV