Ketrish Developer Regd Partnership Firm v. State Of Telangana
2020-08-11
T.VINOD KUMAR
body2020
DigiLaw.ai
JUDGMENT T. Vinod Kumar. J - The present writ petition is filed under Article 226 of the Constitution of India for issue of a Writ of Mandamus to declare the action of official respondents, mainly 5th respondent-Station House Officer, L.B. Nagar Police Station, for not conducting investigation while making arrest and filing of charge sheet on the culprits in FIR No.1374 of 2019, dated 03.12.2019 on the file of L.B. Nagar Police Station for the offences punishable under Sections 417, 419, 420, 406, 447, 468 and 506 IPC, as being illegal, arbitrary, unconstitutional, with a consequential direction to the 5th respondent to do thorough and careful investigation in the above crime by making arrest of the culprits involved in the alleged offences and to file charge sheet on the unofficial respondents. 2. The above case is taken up for hearing today i.e., 11.08.2020, through Video Conferencing. 3. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home appearing for the official respondent Nos.1 to 5. 4. The learned counsel for the petitioner while reiterating the writ averments submits that based on a private complaint filed by the petitioner herein before the concerned trial Court, the same was referred to the 5th respondent authority and the 5th respondent authority thereafter registered a case in Crime No.1374 of 2019 for the offences punishable under Sections 417, 419, 420, 406, 447, 468 and 506 IPC dated 03.12.2019. Despite registration of the above crime, it is claimed that the 5th respondent authority is not conducting investigation into the above crime registered. 5. Per contra, the learned Assistant Government Pleader for Home has forwarded to this Court by e-mail, written instructions dated 06.08.2020 under the signature of the 5th respondent authority. By the aforesaid written instructions, it is stated that on receipt of a private complaint from the concerned Magistrate Court, the 5th respondent authority registered a case, vide Crime No.1374 of 2019 and took up investigation in the matter. 6. By the aforesaid written instructions, it is further stated that during the course of investigation, the Investigating Officer examined the complainant, who is the petitioner herein and recorded his detailed statement.
6. By the aforesaid written instructions, it is further stated that during the course of investigation, the Investigating Officer examined the complainant, who is the petitioner herein and recorded his detailed statement. As part of the investigation, a notice was issued by the Investigating Agency to the complainant calling upon him to submit the relevant documents in support of his version i.e., copies of pahani, location map, order passed by the Lok Adalat in OS No.642 of 2011, sale deed bearing No.1828 of 2017, building permission order, land conversion order and various other documents as mentioned in the said notice. It is stated that after receiving the documents, the investigation officer proceeded with the investigation, which it is stated as under progress and is pending for want of examination of the staff supervisors and eye witnesses to the incident and to collect the material evidence to elicit the complicity of the accused in the FIR. 7. By the aforesaid written instructions, it is stated that while the investigation into the above crime registered, at the behest of the petitioner/complainant, the 7th respondent in the present writ petition has lodged a complaint with Rajendranagar Police Station, Cyberabad against the petitioner herein for which a case in Crime No.373 of 2020 has been registered by the said authority, where based on the investigation by the concerned authority of Rajendranagar Police Station, the petitioner herein was arrested on 06.03.2020 and was remanded to the judicial custody by the concerned Court and was enlarged on bail later. 8. In so far as the investigation into the crime No.1374 of 2019 is concerned, the same is under progress for want of collection of material evidence and examination of witnesses including eye witnesses and it is stated that the 5th respondent authority is putting all his best efforts to complete the investigation into the matter, as expeditiously as possible and an appropriate report u/s.173 of Cr.P.C. would be filed before the concerned trial Court shortly. 9. Having regard to the submissions made as above and the undertaking of the 5th respondent authority that the said authority is taking steps to complete the investigation into the crime registered as expeditiously as possible and thereafter steps to file a final report before the concerned trial Court shortly, no further orders need be passed in the matter. 10. Subject to the above observation, the writ petition is disposed of.
10. Subject to the above observation, the writ petition is disposed of. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed in the light of this final order.