Order:

This writ petition has been filed under Article 226 of the Constitution of India seeking declaration that the action of the 4th respondent-Station House Officer of Kothapet Police Station, Guntur Urban District, in not completing the investigation in Crime No.312/2019 as illegal and consequently sought direction to the 4th respondent to complete the investigation and file the charge-sheet.

2. Heard learned counsel for the petitioner and the learned Government Pleader for Home appearing for the respondents 1 to 4.

3. Since the grievance of the petitioner is relating to non-completion of investigation and filing of charge-sheet within the statutory period of time, no notice is required to be issued to unofficial respondents 6 to 11. Therefore, notice to respondents 6 to 11 is dispensed with.

4. The petitioner is the de facto complainant in Crime No.312/2019 of Kothapet Police Station, Guntur Urban District. On a report lodged by the de facto complainant with the 4th respondent-Station House Officer of Kothapet Police Station, the above crime in Crime No.312/2019 was registered against the accused therein for the offences punishable under Sections 420, 468, 341 and 506 read with Section 34 of IPC. The said FIR was registered long back in the year 2019 i.e. on 21-9-2019. It is settled law that as per Section 167 of Cr.P.C., investigation has to be completed within a period of 60 days and in grave offences within a period of 90 days. The said statutory period of 60 days to complete the investigation and file the charge-sheet in the above crime has been expired long back. Yet, the 4th respondent-Station House Officer, who is the Investigating Officer, failed to complete the investigation and file the charge-sheet within the said statutory period of time.

Therefore, there are clear laches on his part.

5. Although the learned Government Pleader for Home would submit that 6 material witnesses have been examined in this crime and for want of original application relating to the said offence and as it is not secured despite the best efforts made by the Investigating Officer that the investigation could not be completed till now and charge-sheet could not be filed, the said explanation is not satisfactory. When the crime was registered long back in the year 2019 and even after more than one year period of time has been elapsed, as the Investigating Officer could not secure the relevant document, there are clear laches on his part. There is absolutely no justification on the part of the 4th respondent in not filing the charge-sheet after completing the investigation till now.

6. Therefore, the writ petition is disposed of with a direction to the 4th respondent to complete the investigation and file the final report/charge-sheet within a period of one month i.e. on or before 14-7-2021. Pending applications, if any, shall stand closed. No costs.

_________________________________________ CHEEKATI MANAVENDRANATH ROY, J.

14th June, 2021.

Ak

HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

Writ Petition No.10139 of 2021

14th June, 2021.

(Ak)