Kondapalli Sivaleela, v. The State Of Andhra Pradesh,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.8845 of 2015 BETWEEN K.Sivaleela ... PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary (Department of Home), A.P. Secretariat Building, Hyderabad and others. ...RESPONDENTS The Court made the following:

ORDER:

Heard.

2. The grievance of the petitioner in this writ petition is that in spite of report of the petitioner dated 14.01.2015 and direction of respondent No.3 on 02.03.2015, respondent No.6 is not registering the crime and not taking up any further action.

3. Instructions of the learned Government Pleader, however, show that against the complaint of burning of his house on 12.02.2015 at 01:00 AM, originally a case in crime No.9 of 2015 was registered on 13.01.2015 by Avanigadda Police recording as accidental fire. Thereafter, petitioner filed further complaint on 14.02.2015 suspecting six members, three of whom are

their neighbours. Since the investigation was carried out as per the complaint of the petitioner and on finding, prima facie, material the section of law was altered from accidental fire to Section 436 IPC on 23.03.2015 and the alteration memo was submitted to the Court of Additional Judicial Magistrate of First Class, Avanigadda. It is also stated that two of the accused were already arrested and sent to remand and further investigation is going on.

4. In view of the above averments, the writ petition is disposed of directing respondent No.6 to complete the investigation expeditiously and file appropriate report before the concerned court in accordance with law. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

_____________________ VILAS V. AFZULPURKAR, J April 15, 2015 Lmv