Berugu Raj Aiah, v. Governemnt Of Andhra Pradesh,

HON'BLE SRI JUSTICE S.V. BHATT W.P.No.33180 OF 2013 ORDER:

The petitioner prays for the following relief: "... this Hon'ble Court may be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the respondents 3 and 4 in not arresting the accused and in not completing the investigation and in not filing charge sheet in Cr.No. 124 of 2012 of Shyampet Police Station, Warangal District is highly arbitrary, bad and illegal and consequently direct the respondents 3 and 4 to complete the investigation and file charge sheet and pass...."

The stand of 4th respondent in counter affidavit reads thus: "... It is humbly submitted that the investigation is going on in all angles to find out the guilt of the accused beyond all reasonable doubt. Prima facie case is yet to be established against the accused. Some documentary evidence have to be collected for proving the offence and also some more witnesses are to be examined. It is humbly submitted that to complete the investigation it requires 2 months time for the investigating agency. I humbly submit that I assure to this Hon'ble Court that the investigation will be completed within a period of 2 months and basing on the outcome of the investigation, necessary steps will be taken against the concerned accused and an appropriate report U/sec.173 Cr.P.C will be filed before the concerned Hon'ble Court by following the due process of law.

It is pertinent to submit that almost all the averments made in the affidavit filed in support of the writ petition are the subject matter of investigation in Cr.No.124/2012 for which a detailed investigation is going on. The investigation is going on for collection of material evidence and also to examine some more witnesses. I pray this Hon'ble Court to grant 2 months time to complete the investigation. The other allegations made in

the affidavit are false, baseless and hence the same are denied".

Neither the counsel for petitioner nor the Assistant Government Pleader (Home) is able to inform this Court as to what happened in the interregnum. By placing on record the statement of 4th respondent, the writ petition is disposed of. There shall be no order as to costs.

Consequently, pending miscellaneous petitions, stand closed. ____________ S.V.BHATT, J 13th November 2017 Lrkm