Pullipati Gnana Prakasa Rao v. Sub-Divisional Police Officer

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.11204 of 2012 ORDER:

This writ petition was filed seeking a declaration that the action of the Sub-Divisional Police Officer, Bapatla, Guntur District, in deleting the names of respondents 4 to 6 from the array of the accused and in not investigating the offence fairly and impartially was unlawful. Relying on the written instructions dated 19.08.2015 received from the Sub-Inspector of Police, Kakamanu Police Station, Guntur Rural District, the learned Assistant Government Pleader for Home informed this Court that Crime No.32 of 2011 had been registered on the file of Kakamanu Police Station under Section 323 I.P.C. read with Section 34 I.P.C. and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. After due investigation, the police authorities found that a prima facie case was established against accused Nos.

1 and 2 and they were accordingly arrested and sent to judicial remand. However, nothing was stated about the commission of any offence by the remaining accused, viz., accused Nos.3 to 5, the respondents 4 to 6 herein. They were accordingly deleted from the array of the accused and the case was chargesheeted before the learned Special Sessions Judge-cum-IV Additional District Judge, Guntur, in Sessions Case No.58/S/2012. However, after a full-fledged trial, the trial Court acquitted the accused by judgment dated 30.05.2015. In the light of the afore-stated developments, the grievance of the petitioner as regards the deletion of respondents 4 to 6 from the array of the accused in Crime No.32 of 2011 no longer survives for consideration as the sessions case arising therefrom has already ended in acquittal of the accused charged therein.

The writ petition is therefore dismissed.

Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

____________________ JUSTICE SANJAY KUMAR 28th August, 2015 IBL