Kothapallli Manoj Kiran S/O Late Hannumantharao v. The State Of A.P. Rep. By Secretary

THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION No. 6624 of 2016 ORDER :

This Writ Petition is filed seeking to declare the action of respondents 2 and 3 in not proceeding further with investigation in crime no.22 of 2016 of Thimmapuram police station, East Godavari District, registered for the offences punishable under Sections 384, 420 read with 34 of the Indian Penal Code, 1860 (for short, 'IPC') against the unofficial respondents 4 and 5, as illegal and arbitrary.

2. Heard the learned counsel for the petitioner and the Assistant Government Pleader for Home for the State of Andhra Pradesh appearing for respondents 1 to 3.

3. Grievance of the petitioner is that though the respondent-police registered a case in the crime No.22 of 2016 of Thimmapuram police station in pursuance of a report dated 17.02.2016, they are not proceeding further with the investigation in the said crime. The learned Assistant Government Pleader placed on record the written instructions received by her from the third respondent wherein it is stated that the police have asked the petitioner to produce crucial/relevant evidence viz. text messages and other material required for investigation, but the petitioner failed to produce the same till date. It is said that if the same is produced, they would take steps to

complete the investigation at the earliest.

4. However, it is stated by the learned counsel for the petitioner that the petitioner has already produced relevant material viz. CDs, call records, etc. and if the same are not available with the police, he is ready to produce an extra set.

5. Having regard to the circumstances stated above, if the relevant material sought for by the police is produced by the petitioner, as stated by his counsel, respondent no.3-police are directed to complete the investigation in crime No.22 of 2016 in accordance with law and file final report as early as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. In case, if the relevant material is not produced by the petitioner, the petitioner shall furnish the material available with him within a period of 10 days from today. On production of such material, the respondent no.3 is directed to complete investigation in the said crime, in accordance with law and file final report as early as possible, preferably within a period of 4 weeks from the date of receipt of the material.

6. With the above direction, the Writ Petition is disposed of. Miscellaneous petitions pending, if any, in the Writ Petition shall stand closed in the light of this final order. No order as to costs.

______________________ C.PRAVEEN KUMAR, J 01.06.2016 DRK THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR W.P.No.6624 of 2016

01.06.2016