THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 11882 of 2014 Date of Judgment: 6.11.2014 Between:
P.L.V. Prasad And …Petitioners The Commissioner of Police, Hyderabad and others ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 11882 of 2014 ORDER:
Heard learned senior counsel appearing for the petitioner as well as learned Government Pleader for Home appearing for the respondents 1 to 3. Nobody appeared for the respondent No.4.
The petitioner who is an advocate states that he filed complaints dated 9.1.2014, 10.3.2014 and 21.3.2014 before the third respondent, but no action was taken on the said complaints. Hence the present writ petition is filed.
The writ petition came up in the first instance on 9.6.2014, when this Court, while issuing notice, directed that if the complaints of the petitioner disclose any cognizable offence, the same shall be registered in accordance with law under Section 154 of Cr.P.C. and investigation be taken up promptly.
Learned Government Pleader for Home has filed a counter- affidavit on behalf of second respondent which states that the fourth respondent who is father-in-law of the petitioner filed a private complaint against the petitioner before the Court of III-Metropolitan Magistrate, Cyberabad at LB Nagar and it was registered as a case in Cr.No. 644 of 2013 under Section 498-A, 506 and 452 IPC and Sections 3 and 4 of the Dowry Prohibition Act, on 1.10.2013 and investigation is pending. It is also stated that as per the directions of this Court, dated 9.6.2014, the complaint of the petitioner was registered as Cr.No. 426 of 2014 under Sections 420, 448, 380 and 506 IPC, on 21.6.2014 and investigation was taken up and the respondent No.4 is shown as A1 in the said case. It is further stated that during the investigation the petitioner was examined and his statement was recorded, after investigation it was decided to close the case on the ground of lack of evidence and accordingly permission was obtained from the Assistant Commissioner of Police, Malkajgiri Division and a final report under Section 173 of Cr.P.C. is being filed before the jurisdictional Magistrate.
The petitioner filed an affidavit along with W.P.M.P.No. 39897 of 2014 seriously disputing the contents of the counter-affidavit, particularly in para-9 that the petitioner was examined and his statement was recorded by the police and it is submitted that the petitioner was neither examined and nor his statement was recorded and no such investigation as stated by the respondent-police was ever made and the final report proposed to be filed on the ground of lack of evidence is clearly result lack of investigation. Hence the petitioner seeks a direction to change the investigating officer and entrust the case file to CB CID as allegations of not conducting proper investigation was made against third respondent.
Evidently since the complaint of the petitioner was registered and investigated and a final report was proposed to be filed before the concerned Magistrate, the petitioner can as well raise his contentions and objections to the said final report before the concerned Magistrate who will consider the same at the time of examination of the final report and pass appropriate orders in accordance with law. Hence at this stage when the investigation is completed by the third respondent and a final report is being filed, intervention of this Court in the matter is not warranted.
Accordingly the writ petition is disposed of giving liberty to the petitioner to take appropriate steps as and when he is served with notice on the final report. Miscellaneous applications, if any, shall stand closed. No order as to costs.
VILAS V. AFZULPURKAR, J Dt. 6.11.2014 KR