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2021 DIGILAW 533 (AP)

Y. Kothapalli Malleshwara Reddy @ Maheshwara Reddy v. State of Andhra Pradesh

2021-08-11

CHEEKATI MANAVENDRANATH ROY

body2021
JUDGMENT Cheekati Manavendranath Roy, J. - The grievance of the writ petitioner is that in a crime registered long back on 13-11-2020, in Crime No.312 of 2020 of Nandavaram Police Station, Kurnool District, the 4th respondent has not completed the investigation till now and did not file charge sheet. 2. Therefore, questioning the inaction on the part of the 4th respondent, in completing the investigation and filing charge sheet, the present writ petition has been filed. 3. The petitioner is the de facto complainant, who lodged report with the 4th respondent-Station House Officer of Nandavaram Police Station, Kurnool District on 13-11-2020 regarding damage caused to his mirchy crop in his land in an extent of Ac.1-80 cents. The said report was registered as a case in Crime No.312 of 2020 by the 4th respondent for the offences punishable under Sections 447 and 427 of the Indian Penal Code, 1860. 4. Now, as noticed supra, the grievance of the writ petitioner is that despite registration of the said crime long back on 13-11-2020, the 4th respondent being Investigation Officer, did not complete the investigation till now and did not file the charge sheet. 5. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home. 6. Learned Assistant Government Pleader for Home would submit on instructions that about five witnesses were examined in this crime by the Investigation Officer till now and call data register was also obtained relating to the suspects and accused and that no clues are obtained till now. He would further submit that the land is situated at the border of the state and as such, in the said circumstances, investigation could not be completed till now and he would request for some more time to complete the investigation and to file the charge sheet. 7. The aforesaid explanation offered by the 4th respondent for not completing the investigation till now, even after lapse of more than nine (09) months period, from the date of registration of the crime, is not at all satisfactory. 8. As the crime was registered long back on 13-11-2020, he has to complete the investigation within the time limit prescribed under Section 167 Cr.P.C. In grave offences, the Investigation Officer has to complete the investigation within ninety (90) days and in other offences within sixty (60) days. The said time limit expired long back. 8. As the crime was registered long back on 13-11-2020, he has to complete the investigation within the time limit prescribed under Section 167 Cr.P.C. In grave offences, the Investigation Officer has to complete the investigation within ninety (90) days and in other offences within sixty (60) days. The said time limit expired long back. Therefore, there are clear laches on the part of the Investigation Officer in not completing the investigation within the statutory period of time. 9. Therefore, this Writ Petition is disposed of with a direction to the 4th respondent, who is the Investigation Officer, to complete the investigation within one month from the date of this order i.e. on or before 11-09-2021 and file the charge sheet in the concerned Court. There shall be no order as to costs. 10. Miscellaneous Petitions, if any pending, in this Writ Petition, shall stand closed.