K.S.K. Kaushik v. Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH **** WRIT PETITION NO.18171 OF 2012 Between:

K.S.K. Kaushik .. Petitioner and Commissioner of Police, Cyberabad, R.R. District and others .. Respondents DATE OF JUDGMENT PRONOUNCEMENT : 17th AUGUST, SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE SANJAY KUMAR 1.

Whether Reporters of Local newspapers may be allowed to see the judgment?

Yes/No 2.

Whether the copies of judgment may be marked to Law Reporters/Journals Yes/No

3.

Whether Their Lordship wish to see the fair copy of the judgment?

Yes/No THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.18171 OF 2012

O R D E R

This writ petition was filed assailing the alleged inaction of the Commissioner of Police, Cyberabad, Ranga Reddy District, in passing appropriate orders on the petitioner's representations dated 12.06.2012 and 16.06.2012 and taking action against the subordinate police officials, respondents 2 to 4. He sought a consequential direction to the police authorities to delete his name in Crime No.310 of 2012 on the file of Dundigal Police Station and to release his Maruti Alto car bearing registration No.AP 28DG 5433.

Relying on the written instructions dated 03.08.2015 furnished by the Inspector of Police, Dundigal Police Station, the learned Assistant Government Pleader for Home informed this Court that on the complaint made by one U. Sunitha, Crime No.310 of 2012 under Section 304A IPC was registered on the file of Dundigal Police Station. The petitioner herein was shown as the accused in the said crime. Upon due investigation, the police laid a charge-sheet before the learned VI Metropolitan Magistrate, Medchal at Cyberabad, on 30.03.2015 against the petitioner. The same is yet to be taken on file by the Court. A copy of the said charge-sheet is however placed on record. In so far as the petitioner's representations are concerned, it is stated that the Commissioner of Police, Cyberabad, called for a report thereupon from the Inspector of Police, Dundigal Police Station, and after

detailed enquiry, a report was submitted to the Commissioner of Police, Cyberabad, on 24.06.2012. As the police authorities found sufficient evidence to proceed against the petitioner, who was the accused in Crime No.310 of 2012, the report also spoke to the same effect. Pursuant to the petitioner's representation dated 16.06.2012, his Alto car was stated to have been returned to him on 06.07.2012 under proper acknowledgement.

In the light of the aforestated facts, the petitioner necessarily has to face the prosecution before the competent criminal Court after the charge-sheet is taken on file. No cause is made out for interference at this stage.

The writ petition is accordingly dismissed. Pending miscellaneous petitions shall also stand dismissed. No order as to costs. ______________________ SANJAY KUMAR, J 17th AUGUST, 2015 PGS