THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.33429 OF 2018

O R D E R:

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:-

“…to issue an appropriate Writ, Order or Direction, more particularly in the nature of Writ of Mandamus, to declare the action of the 5th respondent in filing the final report as False in Cr. No. 77/2018 dated 17.04.2018 for offences u/s 452, 395 I.P.C. of P.S. Jammikunta as being illegal, arbitrary and unjust and consequently direct the 1^st to 4^th respondents herein to entrust the investigation of Cr. No. 77/2018 dated 17.04.2018 for offences u/s 452, 395 I.P.C. of P.S. Jammikunta to any other sincere officer in the interest of fair investigation and to take action in accordance with Law and to grant…”

2. None appears for the petitioner. Heard Mr.D.Pradeep, learned Assistant Government Pleader for Home appearing for the respondents.

3.1. The learned Assistant Government Pleader for Home submits that, after conducting due investigation in Crime No. 77 of 2018, dated 17.04.2018, a final report has been filed. It is contended that the Investigating Officer (I.O.) examined all relevant witnesses in connection with the allegations made in the complaint. Upon examination of twelve witnesses, covering all material aspects of the case, no incriminating evidence was found against any person.

Consequently, the I.O. filed the final report classifying the case as “false.”

3.2. It is further submitted that the petitioner’s allegation of unfair or biased investigation is unsupported by any credible material. Apart from mere assertions in the pleadings, the petitioner has failed to produce any evidence substantiating the alleged occurrence on the relevant date. Hence, it is contended that the prayer for reinvestigation by another agency is untenable in law and liable to be dismissed.

4. I have perused the material available on record.

5. The petitioner contends that respondent No. 5, after conducting investigation in Crime No. 77 of 2018, which was registered on his representation, filed a final report in a manner alleged to be unjust and arbitrary. It is further asserted that the investigation was neither fair nor impartial, and therefore, the petitioner seeks an order directing reinvestigation by an independent agency.

6. The material placed on record by the learned Assistant Government Pleader for Home demonstrates that the Investigating Officer, after examining all available witnesses and relevant evidence, concluded that the alleged occurrence was false. The petitioner has not adduced any material to indicate that the investigation was tainted by mala fides, or that the Investigating Officer acted with bias or extraneous considerations in filing the final report.

7. It is well settled that the scope of judicial interference with an investigation or final report under Article 226 of the Constitution is limited. Unless the petitioner demonstrates gross irregularity, mala fide exercise of power, or violation of statutory procedure, the Court would not ordinarily direct a reinvestigation or transfer of investigation. The mere dissatisfaction of a complainant with the outcome of the investigation does not, by itself, constitute a ground for such interference.

8. On a prima facie consideration, this Court finds that the final report reflects compliance with due process of law, and there is no legally acceptable material to take a view contrary to that of the Investigating Officer. Hence, there exists no valid reason warranting adjudication on merits in this writ petition.

9. However, liberty is reserved to the petitioner to avail appropriate remedies available in law, including filing a protest petition or other proceedings before the competent jurisdictional Court, if any cause of action still survives.

10. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

_______________ N.TUK