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Andhra High Court · body

2012 DIGILAW 638 (AP)

Abdul Hameed v. State of Andhra Pradesh

2012-07-24

K.C.BHANU

body2012
ORDER This writ petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus declaring the inaction of the official respondents in investigating the Crime No.70 of 2009 of Mirchowk Police Station and action of the respondents 3 and 4 being favouring and colluded with the respondents 5 to 8 as illegal, arbitrary, mala fide, abuse of process of law and violation of fundamental rights guaranteed under the Constitution of India vide Articles 14, 16 and 21 and consequently direct the respondents 1 and 2 to supervise the investigation. 2. Heard. 3. Case of the petitioner is that he filed a private complaint before the XIV Additional Chief Metropolitan Magistrate, Nampally against the respondents 5 to 8 for the offences under Sections 193, 466, 467, 468,471,475, 120-B and read with 34 IPC and requested to refer the same under Section 156(3) Cr.P.C. to the Police Station, Panjagutta, for investigation and the same was done after two months and it was registered as Crime No.1132 of 2008 by the 4th respondents, but so tar no report is filed. Hence, he filed the present writ petition. 4. When a cognizable offence is reported to the Station House Officer, the Station House Officer has to register a case and conduct the investigation and file a report as contemplated under Section 173 of Cr.P.C. before the concerned Magistrate after conducting the investigation. Though the case is registered in the year 2009, till now the report has not been filed. Hence, a reasonable time can be granted to the 3rd respondent to complete the investigation and file a report, if not already filed, under Section 173 Cr.P.C. 5. Accordingly, the writ petition is disposed of directing the 3rd respondent to complete the investigation and file a report, if not already filed, under Section 173 Cr.P.C., as expeditiously as possible, preferably within a period of six weeks from the date of receipt of copy of this order. No order as to costs. 6. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.