THE HON’BLE SRI JUSTICE N. TUKARAMJI WRIT PETITION No.6781 OF 2018

ORDER

This Writ Petition is filed with the following relief:

“To issue a Writ, order or direction more particularly a writ of mandamus declaring the notice under Section 91 Cr.P.C. dated 15.03.2017 in No.88/Crime-G3/2016 issued by the 3^rd respondent i.e, the Station House Officer, Veldanda police station, Mahbubnagar District, as illegal, unauthorized and void and consequently to direct the 3^rd respondent to complete the investigation and to take further action in No.88/Crime-G3/2016 on the file of the 3^rd respondent as per law ………”

2. Mr. E. Bheema Rao, learned Counsel representing Mr. T.K. Sridhar, learned Counsel for the petitioner, submits that the present writ petition has been filed challenging the notice dated 15.03.2017 issued under Section 91 of the Code of Criminal Procedure, 1973 (“Cr.P.C.”) by respondent No.3.

3. Learned Assistant Government Pleader for Home, on instructions, submits that the private complaint filed by the petitioner was referred by the learned Additional Judicial Magistrate of First Class, Kalwakurthy, whereupon Crime No.88 of 2016 was registered. During the course of investigation, the impugned notice under Section 91 Cr.P.C. was issued by the respondent police to the petitioner/defacto-complainant seeking certain particulars mentioned in the complaint, to which the petitioner submitted a reply dated 15.03.2017. Subsequently, upon receipt of a report from the Tahsildar, Veldanda dated 24.01.2017, the investigating agency concluded that the allegations made against the accused were unfounded. Accordingly, upon completion of investigation, a final report was filed before the Court of the learned Additional Judicial Magistrate of First Class, Kalwakurthy, classifying the case as one of “lack of evidence.” Hence, nothing further survives in the matter.

4. I have perused the material available on record.

5. The challenge in this petition pertains to the notice dated 15.03.2017 issued under Section 91 Cr.P.C. As per the respondent police authorities, the petitioner had already responded to the said notice, whereafter the investigation was duly completed and a final report was filed concluding that the allegations were not substantiated. In view of the fact that the investigation has been concluded and the crime itself has been closed, no further cause of action survives in this petition, much less any subsisting grievance against the impugned notice.

6. In view of the development, this petition is dismissed as infructuous. No costs.

All miscellaneous petitions, if any, pending in this writ petition, shall stand closed.

__________________ N. TUKARAMJI, J Date: 29.10.2025

MRKR

THE HON’BLE SRI JUSTICE N. TUKARAMJI WRIT PETITION No.6781 OF 2018

29.10.2025 MRKR