B Venkateslu v. Prl.Secretary (Home) And 6 Others

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI Writ Petition No.46086 of 2016 ORDER:

This writ petition, under Article 226 of the Constitution of India, is filed by the informant-de facto complainant to declare the action of the 2nd respondent, Station House Officer, Guntakal I Town Police Station, Anantapuram District, in not conducting further investigation in case in Crime No.109 of 2015 on the file of the said police station, as illegal, arbitrary and unconstitutional.

2.

I have heard the submissions of Sri Challa Gunaranjan, learned counsel appearing for the writ petitioner, and of the learned Government Pleader for Home appearing for the respondents. I have perused the material record. 3.

This writ petition need not detain this Court for long. It is stated by the learned counsel for either side that the 7th accused in the afore-stated crime filed Crl.P.No.1507 of 2016 under Section 482 of the Code of Criminal Procedure, 1973, before this Court to quash the proceedings against him in the above said crime and that in that petition, this Court granted interim stay as prayed for and thus all further proceedings as against A7 in the said crime are only stayed and hence, by virtue of the said order, there is no impediment for conducting further investigation into the said crime except insofar as A7 is concerned. It is also fairly submitted that WP.No.6948 of 2016 was filed by A5 for quashing the proceedings against him in the afore-stated crime and that in the said writ petition this Court, on 03.03.2016, granted interim stay of all further proceedings in the afore-stated crime. 4.

Be that as it may, because of the pendency of the criminal petition and the writ petition afore-stated and other connected matters, there is no progress in the investigation in the subject crime is undisputed.

5.

However, this Court dismissed today the afore-said criminal petition & writ petition and also disposed of WP.No.2484 of 2016 filed by A1 by separate orders made in those petitions.

6.

In view of the disposal of all the afore-stated three matters and as it is stated that there are no other matters pending wherein the investigation into the above stated crime is stayed, there is no need to pass any orders in this writ petition as the investigating officer/ 2nd respondent herein is anyhow now obligated under law to carry on investigation into the aforestated crime and file a final report either way after completion of investigation. Since already a long time has elapsed since the registration of the crime, this Court is hopeful that the investigating officer would do the needful in the matter as expeditiously as possible.

7.

Accordingly, with the above observations, the Writ Petition is disposed of.

There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ____________________ M.SEETHARAMA MURTI, J 25.06.2018 Vjl