Kolkonda Anutej vs The State of Telangana and 3 others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI Between: Kolkonda Anutej, S/o Madhusudhan, Aged about 30 years, Occ ; Software Engineer, R/o D.No.B-'l-BO116140, Srinagar Colony, Nirmal Town, Nirmal District. ...PETITIONER AND 1.

The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad.

2.

The Super"intendent of Police, Nirmal, Nirmal District.

3.

The District Collector, Nirmal District, Nirmal.

4.

The Station House Officer, Dilawarpur Police Station, Nirmal District. ...RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more so, a Writ in the nature of Mandamus, by declaring the inaction of the respondents, in not filing the final report, even though, investigation is completed in Crime No.55 of 2021 on the file of P.S.

Dilawarpur, as arbitrary, illegal and contrary to law and consequentially to direct the respondents, to file the final report in the above crime, before the Hon'ble Court as expeditiously as possible.

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd respondent, to act on the requests of the 2nd and 4th respondent to accord permission and sanction to prosecute C.Santhosh Reddy the then Tahsildar, Dilawarpur Mandla, for having committed the offence under Sections 167, 177, 42O, 1208, r/w Section 34 lPC, in Crime No.55 of 2021 on the file of Dilawarpur Police Station, during the pendency of the above writ petition.

Counsel for the Petitioner : SRI.G.VASANTHA RAYUOU Counsel for the Respondents : AGP FOR HOME The Court made the following ORDER WRIT PETITION NO: 34214 OF 2022 l.A.

2022 l.A.NO:1 OF 2022 I THE HON,BL i SMT.

JUSTICE LALITHA KANIIEC;IiN II wR T PETITION No.34214 of 2022 ORDER: This writ petition is hled seeking the following reliel: "... to issue a Wr.t, Order or Direction, more so, a W::i-r in the nature of Mandamus, by de< laring the inaction of the respondents in nct liling the final report, even thoug 1, investigation is completed in Crime No.55 of 2O21 on the file of P.S.Di1aw rrpur as arbitrary, illegal and contrary to law and consequentially to direct the respondents, to file the hna-l report in the above crime before the H )n'ble Court as expeditiously as possible ancl ...." 2.

Mr.

G.

Vasantha Rayudu, learned counsel for the petitioner submits that basing on the complz int given by the petitioner, Crime No.55 of 2021 is registered under Section 167,177,42O, I2O-B rlw 34 IPC on 21.08.2021.

It is submitted that even after one year also, the respondent police failed to complete the investiga tion and file final report which madc the petitioner to come before this court.

Learned Assista, rt Government Pleader for Home on s'ritten instructions submits that as they rave asked for certain information and dor:uments from the revenue authoritie s and as it took some more time. thev could not file the frnal report.

Now, it i ; submitted that they have received the said report from the revenue authoriti( s and within a period of (8) weeks from today, they will file final report. \ 2 4.

Recording the said submission of the learned standing Assistaat Government Pleader, this writ petition is disposed of.

There shall be no order to costs.

The miscellaneous applications, if any shall stand automatically closed.

SD/-T.SRINIVAS DEPUTY REGISTRAR //TRUE COPY// e District Collector, Nirmal District, Nirmal. he Station House Officer, Dilawarpur Police Station, Nirmal District. wo CCs to GP FOR HOlVlE, High Court for the State of Telangana at The Principal Secretary, Home Department, Secretariat, State of Telangana at Hvderabad.

Hvderabad.

The Superintendent of Police, Nirmal, Nirmal District. "l lri' l SECTION OFFICER vderabad. [OUT] 'ne CC to SRI.G.VASANTHA RAYUDU, Advocate IOPUCI CD Copies ne spare copy Io .S.A SW a...- -a*.

HIGH COURT DATE D :0 81091it022 ORDER WP.No.34214 ot 2022 DISPOSING ()F THE W.P 1 B [[T 2C?2 WITHOUT CCISTS. w ,d