THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.5952 OF 2016

ORDER:

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

“…to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the 3rd respondent in not taking any steps to arrest the 4th respondent who is the accused in relation to Cr.No.235/2012 on the file of the 3rd respondent and filing the absconding charge sheet bearing C.C.No.1016/2014 on the file of the XVII Addl. Chief Metropolitan Magistrate at Hyderabad on 17-11-2014 as being illegal, arbitrary and unconstitutional, and consequently direct the respondent No. 2 herein to entrust the investigation of the said case to the other investigating agency and to file fresh charge sheet, and to grant such other relief or reliefs…..”

2. I have heard Mr.N.Hari Prasad, learned counsel for petitioner and learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3.

3. Learned counsel for the petitioner submits that the calendar case was registered as far back as in the year 2014. However, respondent No. 4, who is one of the accused in the said case, continues to remain absconding. It is further submitted that despite the considerable lapse of time, the investigating agency has not taken effective steps to secure his presence and ensure his prosecution. Learned counsel, therefore, prays for a direction to the respondents to take expeditious steps in this regard and contends that the inaction of the authorities has frustrated the course of justice.

4. Learned Assistant Government Pleader for Home, on the other hand, submits that respondent No. 4 was already absconding as on the date of filing of the charge sheet. Consequently, the matter was split up against accused No. 2, and in due course, the case against accused No. 2 came to be discharged. It is further submitted that Non-Bailable Warrants (NBWs) are pending against respondent No. 4 and that the police are actively making efforts to secure his presence in accordance with law.

5. I have carefully perused the material available on record.

6. Having regard to the submissions advanced, and taking note of the considerable lapse of time since the calendar case was instituted, this Court finds it appropriate to direct the Investigating Officer/police to expedite all lawful measures available under the Code of Criminal Procedure, 1973, including initiation of proceedings under Sections 82 and 83 CrPC for proclamation and attachment, if not already invoked, and any other coercive steps as warranted, to secure the presence of respondent No. 4 for prosecution. The Court is mindful of the principle that an absconding accused cannot be permitted to defeat the administration of justice, as reiterated by the Hon’ble Supreme Court in State of Madhya Pradesh v. Pradeep Sharma, (2014) 2 SCC 171, wherein it was held that courts must ensure effective steps are taken to apprehend such persons.

7. At the same time, liberty is reserved to the petitioner to render assistance to the Investigating Officer in tracing respondent No. 4 and to pursue any remedies available before the trial Court, including moving appropriate applications for expeditious execution of warrants or for further coercive measures.

8. With the above observations and directions, the Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

_______________ N.TUKARAMJI, J Date: 20.08.2025 CHS