Mohammed Shakeel v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION Nos.45353 AND 45625 OF 2016 COMMON ORDER:

These two writ petitions are being disposed of by this common order as they relate to challenge the crime No.227 of 2016. A counter affidavit is filed by the Assistant Commissioner of Police, Bellampally, stating that on the complaint of the third respondent, dated 15.12.2016, the above crime was registered under Sections 153A, 147, 148, 324 read with Section 149 IPC and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. Apart from these two writ petitions, two other writ petitions were filed bearing W.P.Nos.44707 of 2016 and 2015 of 2017. One of the petitioners in W.P.No.45353 of 2016, i.e., A.10, was arrested on 24.12.2016. By virtue of the orders passed by this Court in the said writ petition on 26.12.2016, A.16 and A.17 were not arrested. The petitioners in W.P.No.

2015 of 2017 are A.18 and A.19 and that they were arrested on 01.02.2017 during the pendency of the writ petition and the said writ petition was ultimately dismissed as withdrawn on 06.02.2017. The investigation of the case is pending for want of arrest of A.16 and A.17. In the present cases also, this Court directed the respondents not to arrest the petitioners and in view of the same, the petitioners in these two writ petitions are not arrested. In view of the said interim orders, the Assistant Commissioner of Police sought vacation of the said orders. In the counter affidavit filed, it came to light that in W.P.No.44707 of 2016 filed by A.7 and A.8, this Court by order, dated 21.12.2016, directed the police to complete the investigation without arresting them.

The accused were directed to appear before the Investigating Officer by executing a personal bond for a sum of Rs.

for the likesum each for their future appearance for the purpose of investigation. They appeared on 28.12.2016 and police granted them bail. In view of the orders passed by this Court in W.P.No.44707 of 2016, dated 21.12.2016, these two writ petitions are disposed of directing the police to complete the investigation without arresting the petitioners and file charge sheet as expeditiously as possible. However, the petitioners are directed to appear before the investigating officer and execute a personal bond for a sum of Rs.5,000/- each with one surety for the likesum each for their future appearance for the purpose of investigation.

The writ petitions are accordingly disposed of. Miscellaneous petitions, if any, pending in these writ petitions shall stand closed. __________________________ A.RAMALINGESWARA RAO, J 28.03.2017 pln