IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.35228 of 2014 BETWEEN K.David Kiran and another AND .. PETITIONERS The Station House Officer, Kadiyam Police Station and others ...RESPONDENTS The Court made the following:
ORDER:
Heard.
2. This writ petition is filed complaining that in the absence of any F.I.R., respondent Nos.1 to 4 are trying to arrest the petitioner and his family members.
3. This writ petition was filed on 14.11.2014, which came up for admission on 20.09.2011 and the learned Government Pleader was required to get instructions.
4. Today, it is submitted by the learned Government Pleader, on instructions, that on the complaint of respondent No.5, Crime No.451 of 2014 was registered on 15.11.2014 before respondent No.1, under Sections 498A, 354, 342, 506 IPC r/w 34 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. Petitioner Nos.1 and 2 herein are shown as accused Nos.1 and 2 in the said F.I.R. apart from two other accused. It is stated that respondent No.1 has already recorded the statements of L.Ws.1 and 2 and after looking at their version, respondent No.1 found that the offence having taken place at Jadcharla, Mahaboobnagar District, which lies within jurisdiction of Jadcharla Police. Hence, a requisition is stated to have been given to the Superintendent of Police, Urban Police District, Rajahmundry with a request to transfer the crime to the Station House Officer, Jaggaiahpet police station for further investigation on the point of jurisdiction and that no orders, as such, are received so far. Learned Government Pleader, therefore, states that in view of the request already made to transfer the F.I.R. no investigation is taken place at respondent No.1 police Station and the rest of the investigation would be appropriately made by the jurisdictional police station.
6. In view of these instructions, therefore, it is apparent that respondent No.1 is not investigating the crime. Hence, no further orders are necessary.
Writ petition is, accordingly, disposed of. As a sequel, miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J November 27, 2014 LMV