THE HONOURABLE SMT JUSTICE K. SUJANA WRIT PETITION No.30138 of 2023

ORAL ORDER

Heard Mr P.Achyuta Rama Shastry, learned counsel for petitioner, and Sri S.Ganesh, learned Assistant Public Prosecutor representing the learned Assistant Government Pleader for Home, appearing for respondent Nos.1 to 5. There is no representation on behalf of respondent Nos.6 and 7.

2. This writ petition is filed aggrieved by the action of respondent No.5 for not considering the letter dated 27.06.2023 and for not conducting fair investigation in relation to crime registered vide FIR.No.944 of 2022 dated 02.12.2022 before the Chilkalguda Police Station, Secunderabad.

3. Learned counsel for petitioner contended that the investigating agency is not investigating the matter in a fair manner. He submitted that though a representation was addressed to the investigating agency to forward the documents relied upon by the petitioner to the Forensic Science Laboratory (for short ‘FSL’) for examination, the same was not considered.

agency to forward the documents to the FSL for examination.

4. A copy of written instructions dated 01.11.2023 received by the learned Assistant Public Prosecutor, is placed before this Court and the same is taken on record.

5. According to the learned Assistant Public Prosecutor, the petitioner submitted the attested copies of the Mortgage Deed vide document No.255 of 2020 and the Development Agreement-cum-GPA vide document No.279 of 2020 dated 29.01.2020 to the respondent No.5 but as the case pertains to investigation with regard to the forgery, all the documents that are to be forwarded to the FSL preferably needs to be in original and that except acknowledgement document, the respondent No.5 has already collected the relevant documents for the purpose of investigation and the same are being sent to FSL for examination. Therefore, prayed this Court to dismiss the writ petition.

6. Having regard to the rival submissions made and on going through the material placed on record, it is noted that except the acknowledgment document, all the other documents are forwarded to the FSL for examination.

agency to collect the acknowledgment receipt document and forward the same to FSL for examination.

7. In view of the above, the Writ Petition is closed.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

______________ K. SUJANA, J Date: 15.04.2024 Note: Issue C.C., by 16.04.2024 B/o.

PT