U.V. Suresh Kumar vs The State of Telangana and 7 Others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
MONDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTYTWO PRESENT THE HONOURABLE SMT JUSTICE LALITHA KANNEGANT.
WRIT PETITION NO: 16394 OF 2021 /
Between:
U.V. Suresh Kumar, S/o. Late V.H. Rao, Aged about 52 years, Occ. Advocate, Rl/o, Plot No.32, B.N.Reddy Colony, Vanasthalipuram, Hyderabad-70.
...PETITIONER ,, :
AND
1. The State of Telangana and 7 Others, Rep. by its Principal Secretary, ll Department of Home, Secretariat Building, Hyderabad.
I 2. The Director General of Police, For the State of Telangana, Lakdikapool, I Hyderabad.
3. The Commissioner of Police, Rachakonda Commissionerate, State of Telangana, Gachibowli, Hyderabad.
4. The Deputy Commissioner of Police, L.B.Nagar Zone, Rachakonda.
5. The Assistant Commissioner of Police', Vanasthalipuram Police Station, Rachakonda.
6. The Station House Officer, Vanasthalipuram Police Station, Rachakonda.
7.
K. Venkat Reddy 1.O., Vanasthalipuram Police Station, Rachakonda Commissionerat
8. Yelrrabyru Jagan Mohan Reddy, S/o. Damodhar Reddy, Aged about 35 years, Occ. Junior Advocate, Rt/o. H.No. "10-4-99/32, Altar Nagar, Biramalguda, L.B-Nagar, Hyderabad.
i ...RESPONDENTS a Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ order or direction more particularly one in the nature of Writ of Mandamus duly declaring the lnvestigation conducted by the Respondent No 7 in CC No. 99412020 in crime No. 340/2018 of P.S. Vanasthalipuram, Rachakonda as defective, perfunctory, arbitrary, illegal, violative of the provisions of code of criminal procedure and consequently set aside the charge sheet dated.
I O2.t10t2O2O file< by the Respondent No.7 and direct the ilespondent No.3 to order/conduct re -lnvestigation of the CC No. 994/2020 datst O2l1Ol2O20 in crime o No. 340/2018 P.S. Vanasthalipuram by some other inderendent and impartial )e(.
invesligation off -- .
lAx.c,i2-QE2![1 Petition u rder Section 151 CPC praying that in the ,:ilumstances stated in j thr: a'fidavit file in support of the petition, the High Cou"1 ma\/ be pleased to direct stay of r ll proceeding in CC No. 994/2020 on tl,r: file of XXIV M.M.
Hayathnagar, R rchakonda, pending disposal of the above u rit pelition.
lA NCf: 1 OF 20:,1 Petition L rder Section 151 CPC praying that in the circumstances stated in the affidavit fil€ I in support of the petition, the High Cou rl ma / be pleased to direcl Respond rnt No.3 to conduct enquiry in the abov( and take necessary action against F espondent No.7 and submit a report to th€, llon'ble Court.
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Counsel for the I etitioner:SRl. BABUJI TENNET( NOT PIf ESENT)
Counse,l for the I espondents: AGP FOR HOME (TG)
The Court made he following: ORDER i HON'BLE SMT. JUSTICE LALITHA I(AIYNEGANTT WRIT PETITION No.16394 of 2O2l /

ORDER:

This writ petition is filed seeking the following relief:

" ,.. to issue Writ, order, or direction more particularly one in the nature of Writ of Mandamus duly declaring th€ Investigation conducted by the Respondent No.7 in CC.No.994l2020 in crime No.340/2018 of P.S. Vanasthalipuram, Rachakonda as defective, perfunctory arbitrary, illegal violative of the provisions of code of criminal procedure and consequently set aside the charge sheet dated 02.70.2020 filed by the Respondent No.7 and direct the Respondent No.3 to order/conduct re- investigation of the CC No.994/2020 dated 02.10.2020 in crime No. 340/2078 of P.S.Vanasthalipuram by some other independent and impartial investigation officer."

Though this matter is listed at 02:30 PM and the list is circulated much prior, there is no representation on behalf of the petitioner.

3. In the writ affidavit, it is stated that the investigation conducted by respondent No.7 in C.C.No.994 of 2020 in Crime No.340 of 2018 of Vanasthalipurarn Police Station, Rachakonda as defective perfunctory and arbitrary and violative of the provisions of Code of Criminal Procedure and consequently set aside the charge sheet dated 02.10.2020 fited by respondent No.7 and direct respondent No.3 to order or to conduct re-investigation of C.C.No.994 of 2020 dated O2.lO.2O2O in J Crinre No.34 ) of 2018 of Vanastalipuram Police ! r.ation.

4. Sri A.tr tanoj Kumar, learned Standing Couns,el, submits that the \

petitioner car not maintain such writ petition with :ne said relief.

5. In this writ petition, it appears that in Or in.re No.340 of 2018 entire investi ;ation is completed and charge sl'rcr:. is filed. According to the petitior Ler, there is a defective investigatior :rs such, charge sheet has to be set rside. The said relief cannot be gran r:rl b'r this Court.

Accord ngly, the Writ Petition is dismis;sed. No order as to costs.

Miscell neous applications, pending if any, shal srand closed.

IiI)/- . NAGALAKSHMI I:IEPUTY REGISTRAR l .rl //TRUE COPY//

SI=CTION OFFICER To, 1. OneCCt SRI.BABUJI TENNETI Advocate[OPUCI

2. Two CCs to GP FpR HOME (TG) ,High court for the l;tate of Telangana tourl

3. Two CD )opies

4 One Spa e CoP,

GSA

HIGH COUI IT DATED:

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I a li I rl ORDEI?

F I al (-, I WP. NO. 163!14 ot2021 v N ^ .//

DISMISSING {E T WRIT PETITION WTHOLIT COS TS

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