High Court · 2025

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith. the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of f lVlandamr r der:la dng ths inaction of the 3r.l respondent in not conductin s Writ and completing the investigation in FIR No. 7212023 dated 02.05.2023 on the file of the 3rd respondent poli ce station registered against the 4th respondent and his son for the offences unde r section 307 R/w 34 IPC only due to the pressure and influence put forth by the 4th respondent as violative of Section 167 of Criminal Procedure code, 1973, illegal and violative of Article 21 of the constitution of lndia and consequently direct the 2nd respondent herein to monitor and supervise the investigation sought to be conducted by the 3rd respondent in fair and iransparent manner IA NO: 1 OF 2025 Petition under Section '1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to forthwith direct 3rd respondent to complete the investigation in FIR No.7212023 dated O2.O5.2023 Counsel for the Petitioner: SRl. B SHIVA RAM SHARMA Counsel for the Respondent Nos.1 to 3: GP FOR HOME Counsel for the Respondent No.4: --- The Court made the following: ORDER L THE HON'BLE SRI JUSTICE T. VTNOD KUMAR Writ Petition No.18868 of 2025 ORDER: Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.1 to 3, and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposai at the admission stage.

2. Having regard to the manner of disposal of the Writ Petition at the admission stage and the natufe of /s involved, this Court is of the view that notice to unofficial respondent No.4 is not necessary for adjudication of the present Writ Petition.

3. By the present Writ Petition, the petitioner has questicned the inaction of the 3'd respondent in completing investigation in Crin're No.72 of 2023 dt.02.05.2023 registered for the offence under Section 307 read with Section 34 IPC, as being illegal, and violative of Article 21 of the Constitution of India, with a consequential direction to the 2nd respondent herein to monitor and supervise the investigation sought to be conducted by the 3'd respondent.

4. Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos.1 to 3 submits that the respondents-authorities 2 l \ on registering the aforementioned crime as oF date, examined 11 witnesses in the matter and further investigation is in progress. 5' Learned Government preader further submits that ir the petitioner is aggrieved by the inaction of the 3d respondent in conducting investigation, he has to approach the concerned authorities or the jurisdictional court ventirating his grievance and for the said reason, cannot maintain the present Writ petition. 6 I have taken note of the respective contentions urged.

7. Though the petitioner by the present Writ petition has questioned the inaction on the part of the 3d respondent in completing the investigation into Crime No.72 of 2023 dt.02.05.2023 by filing a charge sheet against the accused therein and thus, seeks a direction to the respondents to complete the investigation, it is to be noted that the Hon'ble Apex Court in D.Venkatasubramaniam v/s. M.K.Mohan Krishnamacharil, had held that a Writ Court cannot issue a direction to expedite the investigation or fire a charge sheet in a crime in a time bound manner except in rarest of rare cases. B. In the facts of the present case, though the petitioner claims that the respondents-authorities, having registered a crime under the ' (zoog) to scc +sa to conduct provisions of Section 307 IPC' are required to conduct investigation in an expeditious manner' so that the accused in the aforesaid crime can be brought to book, inasmuch as the provisions of Cr'P'C'/BNSS do not prescribe any time limit for the authorities to complete investigation' this court cannot fix any time [mit for the respondents-authorities investigation into the matter and file a charge sheet therein' 9. However, it is to be noted that if the petitioner is aggrieved by the inaction on the part of the respondents-authorities in completing investigation, he has to approach the concerned authorities or the jurisdictional court to seek appropriate remedy from the concerned court' Since, it is not shown to this Court of the petitioner availing such remedy' this Court is of the view that the petitioner should be relegated to avail remedies as open to him in law'

10. Granting liberty as noted hereinabove' of. No order as to costs' the Writ Petition is disPosed

11. Miscellaneous stand closed' petitions, if any, pending in this writ petition shall I/TRUE COPY// SD/. A.SREENIV ASSISTANI ASA REDDY REGISTRAR secrffirrrcen to'', . ,n" Principal Secretary (Home)' Secretariat Buildings' Hyderabad' 2- The Superint"nd"nt of Poli"e' Sangareddy District Sangareddy' " The Station House Officer' Jogipet Town Police Station' Sangareddy' " dingareddY Distrtct' 4- One CC to SRI B SHIVA RAM SHARMA Advocate IOPUCI 5. Two CCs to GP FOR HOME 'High 6. Two CD Copies Court for the State of Telangana tOUTl KKS r----.?*-.X.t..".-_t HIGH COURT DATED:0310712025 ORDER WP.No.18868 of 2025 I y'i,.. ,' : '<.' i'., 04 nue 29fi 'i.1 \a.. €s,-. ^ i (;^ -.i\ .l a, + DISPOSING THE WRIT PETITION WITHOUT COSTS cg4u W