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High Court for State of TelanganaWP/29847/2015disposed of no costs

Vanam Sri Ramulu, v. The State Of Telangana,

2015-09-21A V Sesha Sai5 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY THE TWENTYFIRST DAY OF SEPTEMBER TWO THOUSAND AND FIFTEEEN PRESENT HONOURABLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION NO. 29847 OF 2015 Between:

Vanam Sri Ramulu ... Petitioner Vs.

The State of Telangana Represented by its Prl.Secretary, Home Department, Secretariat, Hyderabad & Ors. ... Respondents Counsel for the Petitioner: Sri M. Prasanth Kumar Counsel for the Respondents: GP for Home [TG] The Court made the following: [order follows] HONOURABLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION NO. 29847 OF 2015

O R D E R :

This writ petition is filed under Article 226 of the Constitution of India for the following relief : "To declare the action of the respondent police in not filing charge sheet in spite of completing investigation in pursuance of FIR. No. 841 of 2014 dated 10/09/2014 for the offences under section 447, 506 and section 3 (1) (x) of SC/ST [POA] Act on the file of Rajendranagar Police Station, Ranga Reddy district, resulting harassment to the petitioner and his family members, besides influencing the witnesses by the accused as illegal, arbitrary, against the principles of law and as such liable to be set aside in the interest of justice with a consequential direction to the respondents 1 to 4 to file charge sheet and final report and to take appropriate action against respondents 6 and 7 forth and to pass such other suitable orders as this court may deems fit and proper in the circumstances of the case."

2. Heard Sri M.Prasanth Kumar, learned counsel for the petitioner and the learned Government Pleader for Home for the respondents.

3. When the matter is called, written instructions dated 18/9/2015 furnished by the Sub-Inspector of Police, Rajendranagar Police Station, Cyberabad Commissionerate have been placed by the learned Government Pleader for Home for the respondents.

3. The written instructions, reads as under: " It is respectfully submitted that as per the records, it is revealed that on a complaint of the

petitioner herein lodged with the police Rajendranagar Police Station, a case in Cr.No.841/2014 under section 447, 506 and section 3 (1) (x) of SC/ST [POA] Act, 1989 was registered against 1) Jitender and 2) K.Mallesh on 10/9/2014 and as per the instructions of the Commissioner of Police, Cyberabad the Asst.Commissioner of Police, Rajendranagar Division has taken up the investigation.

It is respectfully submitted that during the course of investigation, the Investigating Officer examined the complainant and other witnesses and recorded their detailed statements. Prima facie case is made out against the accused that they have committed the offences mentioned in the FIR.

Accordingly Section 41 [A] [1] Cr.P.C. notices were issued to A-1 and A-2. The investigation was completed. After completion of the investigation, appropriate charge sheet was also filed before the Court of VIII Metropolitan Magistrate, Rajendranagar, Cyberabad and the same was taken on file vide PRC.No.33 of 2015. A copy of the charge sheet is filed along with the written instructions for the kind perusal of this Hon'ble court.

It is humbly submitted that almost all the averments made in the affidavit are the subject matter of investigation in Cr.No.841/2014 for which, a detailed investigation was conducted and completed and accordingly charge sheet was also filed before the concerned court and the same was taken on file vide PRC.No. 33/2015."

4. On noticing the same, the learned counsel for the petitioner has requested this court to dispose of the writ petition by recording the said written instructions.

5. In view of the above, the writ petition is disposed of by

recording the above instructions furnished by the Sub-Inspector of Police, Rajendranagar Police Station. No costs.

6. As a sequel, miscellaneous petitions if any, pending in this writ petition shall stand closed.

​ _____________________ JUSTICE A.V.SESHA SAI 21/09/2015 I s L HONOURABLE SRI JUSTICE A.V. SESHA SAI

WRIT PETITION NO. 29847 OF 2015 Date:21/09/2015 Circulation No.

Court Master: I s L