✦ High Court of India · 21 Mar 2025

High Court · 2025

Case Details High Court of India · 21 Mar 2025
Court
High Court of India
Decided
21 Mar 2025
Bench
Not available
Length
1,101 words

Putty Lakshmi, W/o Srinivasa Rao, aged about 52 years, Rl/o. H.No. 9-2- 9718N4, Shanti Nagar Colony, Opp CRPF Camp, Bhadrachalam-SO71 11 Bhadradri Kothagudem District' ...pETrroNER AND

1. The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad

2. The Superintendent of Police, Bhadradri Kothagudem District at Kothagudem. 3. The Additional Superintendent of Police, Bhadrachalam Division, At Bhadrachalam Bhadradri Kothagudem District.

4. The Bhadrachalam Town Police Station, Bhadrachalam-S071 '1 '1 Bhadradri Kothagudem District Represented by its Station House Officer =S'ONDENTS Petition under Article 226 of lhe 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 No.4 in not completing the investigation and filing chargesheet in Cr.No.325/2021 Dt. 03-08-2021 on the file of 4th respondent P.S, by recording the statements of witnesses, collecting necessary documents and sending forged documents to FSL for thumb- impressions comparison with admitted ones to determine forgery despite lapse of more than 3 year,s as illegal, arbitrary unconstitutional and consequently direct the 4th respondent to complete the investigation and file chargesheet in Cr.No.32512021 Dt. 03-08-202'1 on the file of 4th respondent P.S, by recording the statements of witnesses, collecting necessary documents and sending forged documents to FSL for thumb-impressions comparison with admifted ones to determine forgery. lA NO: 1 OF 2025 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 4th respondent to complete investigation and file chargesheet in cr.No.32512021 Dt. 03-08-2021 on the file of 4th respondent p.s, by recording the statements of witnesses, collecting necessary documents and sending forged documents to FSL for thumb-impressions comparison with admitted ones to determine forgery, within a stipulate timeframe. Counsel for the Petitioner: SRI C.H.JAYAKRISHNA Counsel for the Respondents: SRt G.ANIKETH REDDY, AGp FOR HOME The Court made the following: ORDER I THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petation No. 8552 ot 2025 ORDER: Heard learned counsel for the petitioner, Sri G.Aniketh Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 4, and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage. 2 The case of the petitioner, in brief, is that though the respondents- authorities have registered a case, vide Crime No.325 of 2021 dt.03.08.2021, they have not completed the investigation till date, even though more than 3% years have elapsed since the date of registration of the aforesaid crime.

3. Petitioner further contends that having regard to the nature of the complaint registered involving forgery, the respondents-authorities ought to have completed the investigation in an expeditious manner by filing a charge sheet before the concerned Court, instead, the respondents- authorities are dragging their feet in conducting investigation in the matter and thus, seeks a direction to the respondents-authorities to expedite investigation into the aforesaid crime registered and to file a report before the concerned Court. \ \l ,/ I 2 \-_.1 -

4. per contr4 learned Assistant Government pleader for Home appearing on behalf of respondent Nos.1 to 4 submits that since, the complaint registered involves forgery, the authorities have collected sample signatures and sent the same to Forensic Science Laboratory (FSL) on 09'rr'2022, and the aforesaid requisition sent by the respondehts- authorities, however, has been returned with objections on 16.rr.2022.

5. Learned Assistant Government pleader, howerrer, would fairly admit to the fact that on the aforesaid requisition being returned by the FSL, the respondents-authorities did not take any further steps to compry with the objection and to resend the same to FSL for ascertainirE as to whether there is any forgery for which the aforesaid crime is registered.

6. I have taken note of the respective contentions urged.

7. Firsfly, it is to be noted thatthe subject case, videcrime No.325 0f Z02l has been registered on the basis of a private complaint made by the petitioner by approaching the Magistrate under Section 200 of the Cr.p.C. and made over to the concerned police station for causing enquiry and to submit a report. though the respondents-authorities claim to have made a requisition to FSL authorities to verify the correctness or otherwise of the signatures to be forgery and the said requisition having been returned by the FSL authorities on 16.1I.2022, the authorities ought to have taken fufther action thereon swiftly. Instead the respondents_authorities on the 3 return of the requisition made, by the FSL authorities kept silent and did not initiate any action resurting in the petitioner knocking the doors of this Court by the present Writ petition. B. The inordinate delay in the respondents_authorities conducting investigation into the crime registered resurts in the petitioner being deprived of securing timely justice.

9. Considering the fact that the aforesaid crime has been registered pursuant to a private complaint made by the petitioner by approaching the Magistrate, this court is of the view that the matter shourd receive the attention of the 2nd respondent who should ensure that necessary enquiry into the aforesaid crime is completed within a period of two months and a report is filed before the Magistrate on the basis of which case, videcrime No.325 of 2021, has been registered. I I

10. Subject to above direction, the Writ petition is disposed of. No order as to costs. 1 1. Miscel stand closed. laneous petitions, if any, pending in this writ petition shafl -- --, +--_ SD/-V.KAVITHA DEPUTY REGISTRAR / //TRUE COPY// To

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7. j SECTION OFFICER The Principal Secretary, Home Department, Secretariat, Hyderabad, State of Telangana The supe-rintendent of porice,. Bhadradri Kothagudem District at Kothagudem. The Additional Superintendent of police, ef,idrZihii;m Division, At -"--- Bhadrachalam Bhadradri Kothagudem Oistricl. The Bhadrachalam Town police"Station, Bhadracharam-SO71 1 1 Bhadradri Kothag-udem District Represented by its'staiion ftoui" Om"ur. One CC to SRt C.H.JAYAKR|SHNA: novoCite roFuc.r Two CCs to GP FOR HO|ME, High Court forthdSiaielf Tetangana, at Hyderabad. [OUTI Two CD Cooies - - - - HIGH COURT DATED:21 10312025 ORDER WP.No.8652 ot 2025 1HE sT4 /(. ( ,) I $: () *t+ 3 0 APR 2025 DFs F'4IC r-rF-O DISPOSING OF THE WRIT PETITION WITHOUT COSTS ord"

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