IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 35012 of 2014 BETWEEN K.Neelama AND ... PETITIONER The State of Telangana, Rep. by its Principal Secretary (Department of Revenue), A.P. Secretariat Building, Hyderabad and others.
... RESPONDENTS The Court made the following:
ORDER:
Heard.
2. Present writ petition is filed alleging that in spite of registration of crime in F.I.R.No.400 of 2011, respondent No.3, in particular, has not taken up any further investigation and questioning the inaction, the present writ petition is filed.
3. Instructions of the learned Government Pleader show that on the complaint of the petitioner dated 06.07.2011 alleging dowry harassment, Cr.No.400 of 2011 was registered on 06.07.2011 for the offence under Section 498A r/w 34 IPC and Section 3 and 4 of D.P.Act. Investigation was immediately taken up and it is stated that sixteen witnesses were examined and their statements were recorded but except the complainant and her parents none of the witnesses supported the version of the complainant. The investigation also reveals that petitioner was in the company of A1 for 4 ½ months from the inception of marriage and on account of the disputes between them, her husband filed O.P.No.70 of 2011 pending before the Family Court, Rajahmundry since 26.04.2011. Since the investigation reveals that the complaint of the petitioner is false, they obtained appropriate permission from the Deputy Superintendent, Central Court, Rajahmundry and as per the permission, dated 12.06.2012 the final report was proposed to be filed. However, since petitioner was not available in Rajahmundry and her father refused to receive the notice. Thereafter, notice was sent by speed post on 24.11.2014, which was received by the complainant on 26.11.2014 and thereafter the final report was filed before III Additional Judicial Magistrate of First Class, Rajahmundry vide SR.No.5240. The instructions further say that due to Samaikyandhra agitation and General Elections, final report could not be filed earlier.
4. Since the final report is already lodged before the jurisdictional Magistrate and evidently the investigation was completed by respondent No.3 long back, by examining as many as 16 witnesses, nothing further remains for consideration in this writ petition.
Since the final report is already filed before the court concerned, it is for the petitioner to take appropriate steps if she is aggrieved thereby.
With the liberty aforesaid, the writ petition is dismissed.
As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J December 18, 2014 LMV