Pulipaka Yesupadam, v. The State,

THE HON'BLE SRI JUSTICE P.KESHAVA RAO WRIT PETITION No.18774 OF 2013 ORDER:

Heard the learned counsel appearing for the petitioners and the learned Government Pleader appearing for the respondents 1 and 2.

The prayer sought for in the writ petition is as under: " to issue writ or direction particularly in the nature of mandamus or any other appropriate writ (A) To declare the action of 2nd respondent in not conducting the investigation pursuant to the FIR No. 280 of 2013 dated 3.5.2013, registered against the 3rd respondent, as illegal, void, arbitrary and violating the mandatory provisions engrafted to Cr.P.C. (B) Consequently, to direct the 1st & 2nd respondents to complete investigation forthwith pursuant to the FIR No. 280 of 2013 dated 3.5.2013 registered against the 3rd respondent and file necessary report before the competent court of land."

During the course of hearing, the learned Government Pleader placed on record the copy of proceedings in C.No.14/ ACP-EZ/ 2014, dated 10.01.2014 issued by the Assistant Commissioner of Police, East Zone, Vijayawada City. The same is placed on record. A perusal of the said written instructions would reveal that after investigation into the Crime, the Sub-Inspector of Police, Penamaluru Police Station, on the strength of the recommendation made by the Inspector of Police, Penamaluru Police Station, referred the case as mistake of fact. In view of the above, this Court is of the opinion that no further orders are required in the writ petition. Accordingly, the writ petition is dismissed. No costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ P.KESHAVA RAO,J 23rd NOVEMBER 2018.

Tsr