IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.29539 of 2014 BETWEEN Shaik Mahaboob Basha AND ... PETITIONER The State of Andhra Pradesh, Rep. by its Principal Secretary (Department of Revenue), A.P. Secretariat Building, Hyderabad and others.
...RESPONDENTS The Court made the following:
ORDER:
Heard.
2. The petitioner in this writ petition states that he filed a complaint, dated 01.09.2014, which is registered as a case in Crime No.14 of 2014 on the file of Nandalur Police Station, Kadapa District, but no investigation was taken up by the respondent-police.
3. The instructions of the learned Government Pleader show that private complaint of the petitioner was received from the Court of Judicial Magistrate of First Class, Nandalur, on which a crime was registered and investigation was taken up. During the course of investigation, the complainant as well as six other witnesses was stated to have been examined, but none of the witnesses have supported the version of the complainant. The investigation further reveals that the petitioner had married one Shaik Sameena on 09.09.2012, but subsequently differences arose between them and thereafter his wife left the house and residing in their parents’ house. It is further stated that the incident, as alleged by the petitioner in the complaint, had not taken place as none of the witnesses have supported the complainant. Hence, the Station House Officer obtained appropriate permission from the SDPO, Rajampet, and a final report as false case is stated to have been submitted before the Court on 22.07.2014. It is also stated that appropriate report was also filed before the Superintendent of Police, Kadapa, about the investigation. Apart from that, it is stated that petitioner himself is an accused in Crime No.52 of 2013, which is now pending before the Judicial Magistrate of First Class, Nandalur, for trial as C.C.No.76 of 2013. Copies of the report before the Superintendent of Police as well as copies of the statements of witnesses recorded, is annexed.
4. In view of the above instructions, therefore, it is evident that appropriate final report after investigation has been filed by the investigating officer. if the petitioner so chooses, he may take appropriate steps, in accordance with law, to oppose the said final report before the Court of Judicial Magistrate of First Class, Nandalur.
Wirt petition is, accordingly, disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J October 10, 2014 LMV