THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.25412 OF 2017

ORDER

This writ petition is filed seeking for the following relief:

“issue any other appropriate writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not recording the 164 Cr.P.C statements before the Magistrate as illegal and arbitrary and consequently direct the Respondents to file a petition before the Learned Magistrate to record the petitioners 164 Cr.P.C. statements in order to arrive at the truth”.

2. Heard Mr.P.Vamsheedhar Reddy, learned counsel for the petitioners and Mr.R.Laxmikanth Reddy, learned Assistant Government Pleader for Home appearing for respondents.

3. Learned counsel for the petitioners submits that, in Crime No. 93 of 2017, the respondent police filed a charge sheet excluding the prime accused. Since the investigating agency failed to record the petitioners’ statements under Section 164 of the Code of Criminal Procedure (Cr.P.C.), the petitioners approached this Court seeking appropriate directions.

4. Learned Assistant Government Pleader for Home contends that, following the registration of the crime, the police duly carried out f