B. Jaya Bharathi, Hyd v. Prl Secy, Home And Prosons Dept, Hyd And 10 Ot

THE HONOURABLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.19169 of 2014 ORDER:

There is no representation on behalf of the petitioner. 2.

The prayer sought in the writ petition is as under:- " ... to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring: i) the action of the Respondents 4 and 9 in harassing, torturing the petitioner, and Respondents 10 and 11 in threatened the petitioner to take her life ii) the action of the Respondents 2, 3, 4, 5 & 6 in declaring the respondents 11 & 10 as absconding accused in crime No.797/2013, dated 24.11.2013 iii) the action of the Respondents 2, 3, 4 & 9 in transferring the case records to Pune on the point of jurisdiction duly removing the section 506 of I.P.C.

are arbitrary, illegal, against rule of law, natural justice and violative of article 14, article 21 of Constitution of India and pass such other order or orders may deem fit and proper in the circumstances of the case."

3.

The 4th respondent filed counter-affidavit denying the allegations made in the affidavit filed in support of the writ petition and contended inter alia that Crime No.797 of 2013, dated 24.11.2013, was transferred to Kondhva Police Station, Pune, Maharashtra State, through proper channel vide Proceeding No.170/3107/C6/CYB/2014, dated 29.05.2014, on the point of jurisdiction, since the entire offence took place at Pune of Maharashtra State. The 4th respondent enquired with the

9th respondent-Police Station about the status of Crime No.797 of 2013. On enquiry, it was revealed that Crime No.797 of 2013 was reregistered as Crime No.282 of 2014 for the offences under Sections 420 and 506 IPC, dated 06.06.2014, on the file of the Kondava Police Station, Pune, Maharashtra State and after completion of investigation, a charge sheet was filed before the concerned Court on 20.03.2015 against accused Nos.1 and 2, who are un-official respondents 10 and 11 herein, and they are facing trial before the concerned Court at Pune of Maharastra State and the matter was posted in November 2020.

It is also stated that the petitioner/complainant can put-forth her contentions before the trial Court at Pune for her grievance, if any, and the trial Court shall take action during the course of the trial.

4.

In that view of the matter, this Court is of the opinion that no further cause would survive in the writ petition and the same is liable to be closed.

5.

Accordingly, the writ petition is closed.

As a sequel, miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

___________________ P. KESHAVA RAO, J 29th November 2019 mar