T.Ravindranathan, Hyd And 2 v. Chief Secy., Dept., Of Home, Hyd And 6

THE HON'BLE SRI JUSTICE P.KESHAVA RAO WRIT PETITION NO.1295 OF 2012 ORDER:

There is no representation on behalf of the petitioners. The prayer sought in the writ petition is as under: "...............WRIT OF MANDAMUS, by declaring the investigation of the respondent No.5 as arbitrary, collusive, vitiated, fraudulent and opposed to principal of natural justice and by directing the independent investigation authority i.e.

Central Bureau of Investigation to take over the entire records from the respondent No.5 in the FIR No.227 of 2011, on the file of the P.S.Banjara Hills, Hyderabad, and to investigate into the case and file the charge sheet before the appropriate court or before the Hon'ble Court within reasonable specified time and consequently direct the independent investigation authority i.e. the Central Bureau of Investigation to take over the entire records from the respondent No.5 in the FIR No.227 of 2011, on the file of the P.S.Banjara Hills, Hyderabad and to investigate into the case and file the charge sheet before the appropriate court or before the Hon'ble Court within reasonable specified time, and pass such other order................" Though the 1st limb of the prayer indicate that the matter has to be entrusted to an independent investigation agency i.e., Central Bureau of Investigation, the said agency is not made as party-respondent in the writ petition. Therefore, the petitioners are not entitled for the said relief.

As far as the 2nd relief relating to FIR No.227 of 2011 is concerned, learned Government Pleader appearing for respondents 1 to 5 brought to the notice of this Court that investigation in the above said crime has already been

completed and final report was also filed on 14.08.2012 before the learned Special Executive Magistrate, Abids, Hyderabad. In view of the above said facts, this Court is of the opinion that no further cause would survive in the writ petition, particularly in the light of the prayer sought in the writ petition. Accordingly, the writ petition is dismissed. No order as to costs.

Pending miscellaneous petitions, if any, shall also stand closed.

____________________ P.KESHAVA RAO,J Date:23.09.2019 dv

THE HON'BLE SRI JUSTICE P.KESHAVA RAO WRIT PETITION NO.1295 OF 2012 Dated:19.09.2019 dv