P.Ganesh Yadav v. The State Of Telangana,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.31495 OF 2017 O R D E R:

The writ petition is filed challenging the action of the respondent police in not taking the action against the culprits pursuant to the complaints dated 22.8.2017 and 23.8.2017 followed by repeated visits as illegal and arbitrary. It is the case of the petitioner that on 20.8.2017 when the wife of the petitner was taking the water from the tap, one Smt Tulja Bai and her sons viz., Sonu Yadav and Suraj Yadav picked up quarrel with the wife of the petitioner and abused her in most filthy language and Smt Tulja Bai went to the extent of holding the hair of the wife of the petitioner and her sons Sony Yadav and Suraj Yadav tried to disrobe the wife of the petitioner. In those circumstances, the petitioner lodged a complaint on 22.8.2017 and 23.8.2017 with the respondents 2 to 5, but no action was taken so far. Hence, the present writ petition.

It may be noted that the AP. Police Standing Orders, particularly Order No. 478 (5), mandated the investigation to be completed within a particular time frame and charge sheet to be filed. The same reads as under:

"5. The limitation permissible under law is quite liberal. It should not be construed to mean that the cases can be delayed up to the maximum period of limitation. The following maximum time limits are prescribed for completion of investigation for some of the cases:

4 months for offences u/s 120A, 120B, 121 to 130, 403 to 409, 463 to 489E IPC and in complicated cases affecting the human body, culpable homicide and murder and complicated cases of cheating; 3 months for offences u/s 363 to 374 IPC and Dacoit; 2 months for offences u/s 131 to 140, 166 to 171,

230 to 263A, grievous hurt, 339 to 348, 376 to 377, robbery, house breakings and theft, 421 to 424, 490 to 492 and 494 to 502 IPC;

1 month for offences u/s 141 to 160, 171-A to 171-1, 191 to 227, simple cases of 299, 300, 349 to 374, theft, extortion, 425 to 440, 441 to 462, 503 to 511 IPC, and offences under special and local laws;

15 days for offences u/s 172 to 190, 264 to 298, hurt, 410 and 414 IPC.

Note: The above time limits are prescribed with a view that no investigation shall be prolonged beyond a point. However, every effort should be made to complete the investigation as expeditiously as possible."

In the light of the above, the writ petition is disposed of directing the respondent-police to register the crime and complete the investigation as expeditiously as possible within a period of six weeks from the date of receipt of copy of the order. No order as to costs.

Consequently, the miscellaneous Applications, if any shall stand closed.

____________________________ CHALLA KODANDA RAM, J 18th September, 2017 Gk

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.31495 OF 2017 Date:18.09.2017 Gk