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High Court for State of TelanganaWP/6141/2017closed no costs

Jerusalem Mathaiah v. The State Of Telangana,

2017-03-23A Ramalingeswara Rao3 pages

HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO W.P.No.6141 of 2017

ORDER

This writ petition is filed challenging the inaction of the police in altering the Sections of Law from 342, 504 & 506 IPC to Sections 307 and 295 IPC & under the provisions of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, including abduction, pursuant to registration of Cr.No.25 of 2017.

Learned Government Pleader for Home, received instructions from the Sub Inspector of Police, Gandhinagar Police Station, Hyderabad, wherein it is stated as under: "It is pertinent to submit that the investigation is under progress. So far, basing on the evidence A1 Mr.G.Srikanth, A2 Mr.Venkatesh Gupta and A3 Mr.Salika Srikanth were arrested on 25.1.2017 and 27.1.2017 respectively and remanded to judicial custody.

It is humbly submitted that while the matters stood thus, the petitioner who is no way concerned with the contents of the FIR, submitted a representation to the Commissioner of Police, Hyderabad on 15.2.2017 requesting him to issue direction to the Station House Officer, Gandhi Nagar Police Station, Hyderabad to add Sections of Law i.e., 342 to Section 307 IPC and also under the provisions of SC/ST (POA) Act, 1989.

I humbly submit that so far the investigation done clearly discloses that there are no ingredients to attract the provisions of Sec.307 IPC and also to attract the provisions of SC/ST (POA) Act, 1989.

However, the investigation is under progress and it is pending for want of collection of some more evidence.

Basing on the total investigation of the case, necessary steps will be taken on the representation dated 15.2.2017 of the petitioner herein."

In view of the same, no further orders are necessary in the present writ petition.

Accordingly, the writ petition is closed. No costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

___________________________________ JUSTICE A.RAMALINGESWARA RAO 23rd March, 2017 rkk