HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.27695 of 2010 DATE: 13.06.2014 Between:
P. Srinivasulu ... Petitioner And The Government of Andhra Pradesh, rep. by its Principal Secretary, Home Department, Hyderabad & others … Respondents The Court made the following:
HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.27695 of 2010 ORDER:
Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents.
2. It is the case of the petitioner that he hails from a respectable family and his father was elected as MLA from Rayadurg Assembly Constituency. While so, the Inspector of Police, Uravakonda PS, foisted a false case against him arraying him as A.10 in Cr.No.140 of 2009 of Uravakonda PS, which was registered initially for the offence under section 363 IPC and later on it was altered to Sections 147, 148, 363, 302, 201 read with 149 and 120-B IPC, alleging that one Boya Surayya of Y.Ramapuram village of Uravakonda Mandal, was kidnapped by villagers of the same village and he did not return home and his wife lodged a complaint. In connection with the said crime, the police started harassing the people and on coming to know that the police were trying to implicate the petitioner, he submitted several representations to the Director General of Police, Hyderabad as well as to the Hon’ble the Chief Minister, bringing the facts to their notice and also with a request to appoint an independent agency and delete the name of the petitioner from the list of the accused. In the meanwhile, the 2nd respondent hurriedly concluded the investigation and filed charge sheet against the petitioner as well as other accused. However, in the meanwhile, the request of the petitioner was considered favourably and a communication dated 20.08.2010 was sent to the Principal Secretary by the Chief Minister’s office, informing that the Hon’ble the Chief Minister desired that the CBCID enquiry be conducted in that case. The petitioner filed the present writ petition challenging the action of the 2nd respondent in filing the charge sheet in PRC No.14 of 2010 on the file of the Judicial First Class Magistrate, Uravakonda, Anantapur District, while the representation of the petitioner is pending consideration.
3. The learned Assistant Government Pleader for the respondents filed a counter-affidavit, wherein it was stated that keeping in view of the allegations made by the petitioner, the Government issued Memo No.146/SC-B/A1/2013-1 dated 22.11.2013 directing the CID to conduct investigation into the case in Cr.No.140 of 2009 registered against the petitioner and accordingly, the CID took up investigation in the said case from the local police on 01.12.2013 and the Investigating Officer filed a Memo before the District & Sessions Judge, Anantapur, for the transfer of the case from the local police to CID, which is pending in the said Court. After receipt of the orders, the Investigating Officer would continue further investigation.
4. It is clear from the record that the 2nd respondent filed a charge sheet in PRC No.14 of 2010 on the file of the Judicial Magistrate of I Class, Uravakonda, Anantapur district and now pursuant to the representation made by the petitioner, the Government issued Memo dated 22.11.2013 entrusting the case to the CID and the CID filed a memo before the District & Sessions Judge, Anantapur for transfer of the case from the police to the CID.
5. In view of the said statement, no further orders are required to be passed in the present writ petition and the writ petition is accordingly closed recording the statement made by the respondents in their counter-affidavit. In the circumstances, the interim order dated 09.11.2010 shall continue till the disposal of the application by the learned District & Sessions Judge, Anantapur. Pending miscellaneous petitions in this writ petition, if any, shall stand dismissed in consequence. No order as to costs.
A. RAMALINGESWARA RAO, J
Date: 13.06.2014 BSS HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO 4 WRIT PETITION No.27695 of 2010 Date: 13.06.2014 BSS