HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 26646 OF 2008 DATED 17th December, 2014.
BETWEEN Nemani Peraiah Sastry and ors ….Petitioners And The State of Andhra Pradesh, rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad and ors.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 26646 OF 2008
ORDER:
Heard learned Counsel for the petitioners and learned Government Pleader for Respondents 1 to 4.
This Writ Petition was filed challenging the action of respondents 1 to 4 in not completing the investigation on the report made by the Mandal Revenue Officer, Sabbavaram in Cr.No.119 of 2006 with regard to the misdeeds of the unofficial respondents.
The fourth respondent filed a counter affidavit wherein it was stated that pursuant to the lodging of the complaint by the Mandal Revenue Officer, Sabbavaram on 17.11.2006, a case in Cr.No. 119 of 2006 under Sections 465, 420 read with 34 IPC was registered by the then Sub Inspector of Police and investigated into. He examined four witnesses and recorded their detailed statements under Section 161Cr.P.C. Later on, the fourth respondent herein took charge as Sub Inspector of Police on 13.3.2008 and conducted investigation. The investigation disclosed that no prima facie case was established against the alleged accused to prove their guilt and hence obtained permission from the Sub Divisional Police Officer, Anakapalli on 26.08.2008 to refer the complaint to the Mandal Revenue officer as ‘Mistake of Fact’ and after completion of the investigation, notice was served on the then Tahsildar, Sabbavaram and final report was filed before the court of learned II Metropolitan Magistrate, Anakapalli on 18.12.2008 in DDR.No.1426.
In view of the above, it cannot be said that no further action was taken pursuant to the complaint lodged by the MRO.
The Writ Petition is accordingly dismissed. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 17th December, 2014. Msnrx