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High Court for State of TelanganaWP/39944/2018disposed of no costs

Syed Moizuddin v. The State Of Telangana,

2018-11-20A V Sesha Sai2 pages

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.39944 of 2018 ORDER:

When the matter is taken up, written instructions dated 12.11.2018 furnished by the Sub Inspector of Police, Marpally Police Station, Vikarabad District, are placed on record by the learned Government Pleader for Home.

To the extent of their relevance to the present writ petition, the said instructions read as under:

"On a complaint of the petitioner herein lodged with the police of Marpally Police Station, Vikarabad District, a case in Cr.No.51/2018 U/secs.447, 427, 511, 323, 506 r/w 34 IPC dated 10.7.2018 was registered against Mr.Syed Afzal and others (who are the unofficial respondents herein and investigation was taken up.) During the course of investigation, the investigation officer examined so far as many as 4 witnesses including the complainant/petitioner and recorded their detailed statements. However, prima facie case is yet to be established to prove the offences against the accused in the FIR who are the unofficial respondents herein.

As part of investigation into the case, a letter dated 25.10.2018 was addressed to the Sub-Registrar, Vikarabad requesting him to furnish the Certified copies and EC copies of patta pass book No.330044 in sy.No.281 admeasuring Ac.12.34 gts situated in Patllor village of Marpalli Mandal of Vikarabad District to enable the investigating agency to take further course of action into the matter.

The reply from the Sub-Registrar is awaited.

It is submitted that the investigation is pending for want of examination of some more witnesses and for collection of material evidence to establish the offences. To complete the full fledged investigation into the case, it requires some more time to the investigating agency.

It is pertinent to submit that the averments made in the affidavit are the subject mater of investigation in Cr.No.81/2018 for which, a detailed investigation is under progress. I humbly

submit that I assure to the Hon'ble Court that the investigation will be completed within a period of 2 months and an appropriate report will be filed before the concerned Hon'ble Court at the earliest.

I pray this Hon'ble Court to grant 2 months time to the investigating agency for completion of the investigation into the case."

On noticing the above instructions, a request is made by the learned counsel for the petitioner to place the said instructions on record and dispose of the writ petition.

Accordingly, the writ petition is disposed of by placing on record the written instructions dated 12.11.2018 furnished by the Sub Inspector of Police, Marpally Police Station, Vikarabad District with a further direction to the respondents herein to complete the investigation as expeditiously as possible, as stated in the instructions referred to supra. There shall be no order as to costs. Miscellaneous Petitions pending consideration, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE A.V.SESHA SAI Date :20.11.2018 dv