Polepaka Rajkumar v. The Assistant Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.30235 OF 2012 Between:

Polepaka Rajkumar .. Petitioner And The Assistant Superintendent of Police, Kazipet Division, Warangal District and another. .. Respondents DATE OF JUDGMENT PRONOUNCED: 29-07-2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE SANJAY KUMAR

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgment?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals

3. Whether Their Lordship wish to see the fair copy of the Judgment? Yes/No THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.30235 of 2012 ORDER:

The grievance of the petitioner in this case was that the police authorities were not investigating Crime No.92 of 2012 on the file of Madikonda Police Station, Warangal District.

Relying on the written instructions dated 07.07.2015 received from the SubInspector of Police, Madikonda Police Station, Warangal Urban District, the learned Assistant Government Pleader for Home informed this Court that on the complaint lodged by the petitioner with the Station House Officer, Madikonda Police Station, Crime No.92 of 2012 was registered on the file of the said police station under Sections 417, 419, 420, 471, 506 and 120-B I.P.C. read with Section 3(i)(iv)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and investigation was taken up. However, it was established that the accused never abused the petitioner in the name of his caste and the ingredients were not made out for prosecuting the accused under the other named provisions of law.

The Deputy Inspector General of Police, Warangal Range, therefore permitted filing of a report referring the case as 'lack of evidence' under his memo dated 29.04.2013. Upon giving due notice to the petitioner/complainant, a final report was stated to have been filed on 02.07.2013 under Section 173 Cr.P.C. before the learned VII Additional Judicial Magistrate of First Class, Warangal, reporting lack of evidence. Copies of the intimation given to the petitioner and the final report dated 02.07.2013 are placed on record.

In the light of the afore-stated developments, the grievance of the petitioner as

to the alleged inaction on the part of the police authorities in investigating Crime No.92 of 2012 stands redressed. In the event the petitioner is aggrieved by the final conclusion arrived at by the police authorities, it is for him to take appropriate measures before the competent forum in accordance with law. Reserving liberty to the petitioner to do so, the writ petition is dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

____________________ JUSTICE SANJAY KUMAR 29th July, 2015 IBL