Pola Vijayababu v. The State Of Andhra Pradesh

HON'BLE SRI JUSTI CE A.V.SESHA SAI W .P.No.3 6 0 8 2 of 2 0 1 8 ORDER: - When the matter is taken up, the written instructions furnished by the Station House Officer, A.S.Nagar P.S., Vijayawada City, dated 29.10.2018, are placed on record by the learned Government Pleader. The said instructions read as under: - "Based on the above report, a case in Cr.No.309/ 2018 under Sections 500, 506, 447, 384 r/ w 511 and r/ w 34 I.P.C., dated 16.06.2018 was registered against 1) K.Ravi Kanth, 2) K.Rama Rao,

3) K.Srikanth and 4) K.Kumari, with A.S.Nagar Police Station, Vijayawada City, and took up for investigation. During the course of investigation, the petitioner/ complainant was examined and recorded his detailed statement and collected certain evidence from the petitioner in support of his version. During the course of further investigation, 3 witnesses were examined and recorded their detailed statements. It is submitted that while the investigation is in progress, A.1/ K.Ravbi Kanth and A.2/ K.Rama Rao have filed Criminal Petition No.6601/ 2018 before the Hon'ble High Court to quash the crime No.309/ 2018 and I.A.No.1/ 2018 to stay all further proceedings including their arrest in Cr.No.309/ 2018 and on 26.06.2018, the Hon'ble High Court ordered notice before admission to the respondents in the Quash petition. It is submitted that the said quash petition is pending for adjudication.

It is submitted that, in this case, some more witnesses have to be examined and evidence has to be collected, thereby the investigation in the Crime is

pending. It is submitted that fair and impartial investigation is conducting in the matter. No malafides can be attributed to the same. After completion of investigation, appropriate report will be filed before the concerned Court within a short period.

In view of the above mentioned facts, it is submitted that, it is not correct to contend that the police are not conducting investigation in the crime registered pursuant to the report given by the petitioner against the accused persons."

Accordingly, the Writ Petition is disposed of, by placing on record the said instructions furnished by the Station House Officer, A.S.Nagar P.S., Vijayawada City, dated 29.10.2018, with a further direction to the respondents to expedite the investigation and file a final report, as expeditiously as possible, if there is no stay in Crl.P.No.6601/ 2018.

Miscellaneous petitions pending, if any, shall stand disposed of. There shall be no order as to costs. ______________ A.V.Sesh a Sai, J Date: 15.11.2018 smr