Smt. Katta Posani v. 1. The State of Telangana

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 a writ, or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent Police3 in closing the matter with regard to the crime No. 167/2014 without conducting proper enquiry is illegal, arbitrary, unconstitutional and violation of Principles of natural Justice and consequently direct the Respondents to hand over the case with regard to crime No.167/2014.ofKammarpallyPoliceStationtoCrimelnvestigationBureau (CBl) for apprehension of the accused. l.A. NO: 1 OF 20 16(WPMP. NO: 22699 OF 20 16) Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to hand over the case pertaining to crime in FIR No. 167 _7 of 2014 of Kammarpally Police Station, Nizamabad District to the custody of Crime lnvestigation Bureau (CBl) for conducting fresh enquiry pending disposal of the Writ petition before this Hon'ble court. l.A. NO: 2 OF 2016(WPMP. NO: 24793 0F 2016) Between: Smt. Katta Posani, Wo. Limbadri, Aged about 45 Years, Occ House wife, Residing at Hasakothur Village, Kammarpally Mandal, Nizamabad district. ...PETITIONER AND 1 The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad. 2 3 4 5 6 7 B I The Commissioner of Police, (ClD) Hyderabad. The Superintendent of Police, Nizamabad district, Nizamabad. The Station House Officer, Kammarapally Police Station, Nizamabad District. Katta Sanjeev, S/o. Pedda Rajanna, Aged about 28 Years, R/o. Hasakothur Village, Kammarapally [Vlandal, Nizamabad District. Udutha Muthyam, S/o. Rajeshwar, Aged about 29 Years, Occ: Not known, R/o. Mallapuram Village, Lakshmanachand Mandal, Adilabad District. Sunkari Naveen, S/o. Achanna, Aged about 31 Yeais, Occ: Employee in lKP, Rio. Kammarapally Village 86 ltrlandal, Nizamabad District. Reguri Chinna Laxman, S/o. Rajanna, Aged about 46 Years, R/o. Hasakothur Village, Kammarapally lrilandal, Nizamabad District. Katta Pedda Rajanna, S/o. Not known, Aged about 62 Years, Occ: Agriculture, R/o. Hasakothur Village, Kammarapally Mandal, Nizamabad District.

10.Katta Sathemma, W/o. Pedda Rajanna, Aged about 50 Years, Occ: House wife, R/o. Hasakothur Village, Kammarapally Mandal, Nizamabad District.

11.Katta Narayana, S/o. Rajanna, Aged about 36 Years, R/o. Hasakothur Village, Kammarapally Mandal, Nizamabad District.

12.Boyini Pedda Sayanna, S/o. Not known, Aged about 70 Years, Occ: Dependent, R/o. Hasakothur Village, Kammarapally Mandal, Nizamabad District.

13.Boyini Limbai, W/o. Pedda Sayanna, Aged about 62 Years, R/o. Hasakothur Village, Kammarapally Mandal, Nizamabad District. '14. Resaoina Rajamani, W/o. Limbadri, Aged about 32 Years, R/o. Hasakothur Village, Kammarapally Mandal, Nizamabad District. ...RESPONDENTS Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to lmplead the proposed Respondents i.e., 1. Katta Sanjeev, S/o. Pedda Rajanna, Aged about 28 Years, R/o. Hasakothur Village, Kammarapally tMandal, Nizamabad District. 2. Udutha [Vluthyam, S/o. Rajeshwar, Aged about 29 Years, Occ: Not known, R/o. Mallapuram Village, Lakshmanachand ft/andal, Adilabad District. 3. Sunkari Naveen, S/o. Achanna, Aged about 31 Years, Occ: Employee in lKP, R/o. Kammarapally Village 86 ft/andal, Nizamabad District. 4. Reguri Chinna Laxman, S/o. Rajanna, Aged about 46 Years, R/o. Hasakothur Village, Kammarapally [Vandal, Nizamabad District. 5. Katta Pedda Rajanna, S/o. Not known, Aged about 62 Years, Occ: Agriculture, R/o. Hasakothur Village, Kammarapally Mandal, Nizamabad District. 6. Katta Sathemma, W/o. Pedda Rajanna, Aged about 50 Years, Occ: House wife, R/o. Hasakothur Village, Kammarapally Mandal, Nizamabad District. 7. Katta Narayana, S/o. Rajanna, Aged about 36 Years, R/o. Hasakothur Village, Kammarapally tMandal, Nizamabad District. 8. Boyini Pedda Sayanna, S/o. Not known, Aged about 70 Years, Occ: Dependent, R/o. Hasakothur Village, Kammarapally Mandal, Nizamabad District. 9. Boyini .Limbai, W/o. Pedda Sayanna, Aged about 62 Years, R/ o. Hasakothur Village, Kammarapally Mandal, Nizamabad District. 10. Resaoina Rajamani, W/o. Limbadri, Aged about 32 Years, R/o. Hasakothur Village, Kammarapally IMandal, Nizamabad District. as Party respondents No. 6 to 15 in the above Writ petition as well as in the W.P. M.P. No. in the interest of justice. Counselfor the Petitioner: SRI CH.RASTRAPAL Counsel for the Respondent No.1 to 4: SRI R.LAXMIKANTH REDDY, AGP FOR HOME The Court made the following: ORDER ./' I THE HONOURABLE SRI JUSTICE N.TUI(ARAMJI WRIT PETITION No.18481 OF' 2()16 ORDER: This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:- "...to issue a writ, or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent police3 in closing the matter with regard to the crime No. 16z/2014 without conducting proper enquiry is illegal, arbitrary, unconstitutional and violation of Principles of natural Justice and consequentiy direct the Respondents to hand over the case with regard to crime No. 16712014- of Kammarpally police Station to crime Investigation Bureau (cBI) for apprehension of the accused and to pass such pass such other or further orders as this Honble court may deem fit and proper in the circumstances of the case....."

2. Heard Mr.ch.Rastrapal, learned counsel for the petitioner and Mr.R.Laxmikanth Reddy, learned Assistant Government Pleader for Hom.e appearing for respondent Nos. I to 4.

3. Learned counsel for the petitioner would submit that, as the Investigating police have not conducted proper investigation, this petition has been filed seeking a direction to hand over the crime record to the central Bureau of Investigation for investigation.

4. Learned Assistant Government pleader for Home would submit that after due investigation, final report was filed on 13.11 -2014 on the file of the I Additionat Judicial Magistrate of t I t I \ 2 First Class, Armoor and thereafter no proceedings were taken place and the cause raised in the petition does not survive.

5. I have perused the materials on record.

6. The petitioner's grievance is for a direction to hand over the case to Central Bureau of Investigation. However, by the date of filing, final report was filed and by the materials placed on record, the petitioner has not taken any steps before the Court concerned either by filing protest petitiori or by petition under Section 173(8) of the Cr.P.C. In this position, it is apparent that the cause raised in the petition cioes not survive for adjudication. However, reserving the rights of the petitioner to avail appropriate remedies before the Court concerned, if the cause still survives, this writ petition is dismissed as infructuous. There shall be no order as to costs. To, Miscellaneous Petitions, pending if any, shall stand closed. //TRUE COPY/ SD/. AHMED ABDULLA KHAN ASSISTANT REGISTRAR G SECTION OFFICER

1. One CC to SRI CH-RASTRAPAL, Advocate [OPUC] 2. Two CCs to. GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT]

3. Two CD CoPies a BSR GJP HIGH COURT DATED:2010812025 1 I ORDER WP.No.18481 of 2016 :-i ''':- ':-; ; 2 0 Btr 2025 ,l : :'') * DISMISSING THE WRIT PETITION AS INFRUCTUOUS, WITHOUT COSTS t1