Korakanti Mallaiah v. The Superintendent Of Police,

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.16423 of 2013 ORDER:

This writ petition under Article 226 of Constitution of India is filed seeking to declare the action of the 2nd respondent in not completing the investigation and arresting the accused in Crime No.125 of 2012, as illegal and arbitrary.

Heard and perused the material available on record. The grievance of the petitioner is that the petitioner lodged a private complaint on the file of the Judicial Magistrate of First Class, Sircilla, against Allam Devender and 10 others for the offences under Sections 447, 427, 323, 504 & 506 IPC and that the learned Magistrate referred the matter for investigation to the 2nd respondent and the 2nd respondent registered the case as Crime No.125 of 2012. Though the 2nd respondent registered the case on 19.04.2012, but the 2nd respondent is not completing the investigation into the matter and not effecting arrest of the accused.

Neither the learned counsel for the petitioner nor the learned Assistant Government Pleader for Home representing the respondent police are in a position to inform the completion of the investigation. Considering the grievance of the petitioner and since the writ petition is of the year 2013, the writ petition is disposed of with the following direction:

If investigation in Crime No.125 of 2012 is not completed, then the 2nd respondent is directed to complete the investigation in Crime No.125 of 2012 as expeditiously as possible and file a final report, if any, either way in accordance with law.

Accordingly, the Writ Petition is disposed of. No costs. Pending Miscellaneous Petitions, if any, shall stand closed. ___________________ RAJA ELANGO,J Date: 7th November, 2016 KL