Gummadi Mutyala Devi, v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.5686 of 2016 ORDER:

The prayer of the petitioner in this case is as under: "For the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon'ble Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3rd respondent for not conducting investigation properly in 1) Crime No. 124 of 2014, dt. 23-07-2014, 2) Crime No. 134 of 2014, dt. 05-082014, 3) Crime No. 189 of 2014, dt. 12-11-2014, 4) Crime No. 74 of 2015, dt. 02-04-2015 and 5) Crime No. 136 of 2015, Dt. 10-08-2015 is illegal, irregular, arbitrary violative of the provisions of the Code of Criminal Procedure, 1973 and offends article 14 of Constitution of India and consequently direct the 3rd Respondent to conduct a fresh investigation, finalize the same and file Final Report and pass such other orders or order as this Hon'ble Court may deem fit and proper in the circumstances of the case."

Written instructions dated 03.03.2016 were furnished by the Station House Officer, Denduluru Police Station, West Godavari District, to the office of the learned Government Pleader for Home stating that in all the five cases, which are the subject matter of this writ petition, the investigation was completed and final reports were filed. As regards Crime No.134 of 2014, a final report was filed on 01.03.2016 vide SR.No.489 of 2016 before the learned Judicial First Class Magistrate, Bhimadole, referring the case as 'Mistake of Fact'. As regards Crime Nos.124 of 2014, 189 of 2014, 74 of 2015 and 136 of 2015, final reports were filed vide SR.No.491 of 2016 on 01.03.2016, SR.No.490 of 2016 on 25.02.2016, SR.No.527 of 2016 on 20.02.2016 and SR.No.524 of 2016 on 25.02.2016 before the learned Judicial First Class Magistrate, Bhimadole, referring the cases as 'False'. In the light of the afore-stated developments, it is for the

petitioner to take recourse to appropriate remedies in accordance with law if she is aggrieved by the conclusion arrived at by the police authorities in relation to the above crimes.

Reserving liberty to the petitioner to do so, the writ petition is closed.

Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

____________________ JUSTICE SANJAY KUMAR 16th March, 2016 IBL