M.Rekha Naidu v. 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 writ, order or direction, more particularly one in the nature of writ of mandamus by directing the Respondents 2 to 4 to entrust the investigation in Crime No.537 of 2017 to the CBCID or any other agency which this Honble Court feels appropriate from the present investigation being conducted by the Sth and 6th Respondents in order to make a fair and proper investigation and also ensure to arrest other accused and also other persons, who are involved in the crime and presently, they are not shown to have arrested by the Sth and 6th Respondents forthwith and further to ensure the safety of the life of the Accused No.1 my husband at Cherlapally Jail, Hyderabad. I.A. NO: 2 OF 2017(WPMP. NO: 48699 OF 20171 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 directing tlre Respondents 2 to 4 to entrust the investigation in Crime No.537 of 2017 to th,-. 6361, or any other agency which this Hon'ble Court feels appropriate from the p'esent investigation being conducted by the Sth and 6th Respondents in order to make a fair and proper investigation forthwith. l.A. NO: 1 OF 2017(WPMP. NO:48698 OF 2017) 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 2 to 4 that the Accused No.1 is permitted to be escorted by an Ad rocate as and when the Police Agencies are taking under the PT Warrant frr>m Cherlapally Jail, Hyderabad forthwith. Counselfor the Petitioner : SRI K.V.SIMHADRI Counsel for the Respondents No.1to6 : SRI M.SRINIVAS, AGP FOR HOME The Court made the following: ORDER I THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PTTITION No. 39266 0F 2()L7 ORDER: This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:- "...pleased to issue writ, order or direction, more particularly one in the nature of writ of mandamus by directing the Respondents 2 to 4lo entrust the investigation in Crime No.537 of 2Ol7 to the CBCID or any other agency which this Hon'ble Court feels appropriate from the present investigation being conducted by the Sth and 6th Respondents in order to make a fair and proper investigation and also ensure to arrest other accused and also other persons, who are involved in the crime and presently, they are not shown to have arrested by the Sth and 6th Respondents forthwith and further to ensure the safety of the life of the Accused No.l my husband at Cherlapally Jail, Hyderabad and pass......"

2. Heard Mr.K.V.Simhadri, learned counsel for the petitioner and Mr.M.Srinivas, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 6.

3. Learned counsel for the petitioner submits that the present writ petition has been filed seeking a direction to respondent Nos. 2 to 4 to entrust the investigation of the case to the CBCID or any other independent agency to ensure a fair and impartial investigation. Accordingly, the learned counsel prays for issuance of appropriate orders by this Court.

4. Learned Assistant Government Pleader for Home submits that, in connection with Crime No. 537 of. 2OL7, after due investigation, the Police have Iiled a charge sheet, and the case has been taken on file as C.C. No. 885O of 2022 on the file of the \ \ ,-$ , :lH .'f, ::ls ,;Ei 2 IX Additional Judicial Magistrate of First Class, Ranga Reddy District at Kukatpally. Hence, the request of the petitioner for entrustment of investigation to another agency does not survive for consiideration.

5. I have perused the material placed on record

6. The prayer of the petitioner is for transfer of investigation to another agency. However, during the pendency of this writ petition, the Investigating Agency has already concluded the investigation and filed the charge sheet. As per the submission of the learned Assistant Government Pleader for Home, the matter is now lrcnding trial and is listed for hearing on 31.1O.2025.

7. . In view of the above development and considering the advancr:d stage of the proceedings, this Court is of the opinion that interference at this juncture is neither warranted nor appropriate. Accordingly, while reserving liberty to the petitioner to raise all permissible contentions and grievances before the trial Court in accordance with law, this Writ Petitio.n is disposed of. There shall be no order as to costs. MLscellaneous Petitions, pending if any, shall stand close{. \ ro,

1. The Principqlsecretary, Home Department, Hydrlrabad, Telangand., //TRUE COPY// SD/- A. JAYASREE REG SECTION OFFICER Telangana State,

2. The Jirector General of,police; Telangana, Hyderabad. 3. The lommissioner of Police. Cvberabad Commissionerate. Gachihowti - t t I?3"?:81y":"#,TlTliffi ! SIj#!:", c vbera ba d c ri m e po Iffi **:l: t,".",.,[Tf,]:ffi ! s,l,?:[:e' E:ilfiffif:",jrTj3ff:' cvberabad crime porice s[arion, cyberabad, c vb era b a d c ri m e po r ice sta rio n, r i ce s ta tion,

7. One CC to SRI K.V.SIMHADRI, Advocate. [OpUC] 8 Two ccs to Gp FoR H.ME, High court for the state of rerangana. tourl g. Two CD Copies.' \ BSK BM .$ t" I : I I I i 1 i:{| ,..{ ,,d 14 I I .-. .lr 1...-iI ., r-,..1..,.,j;ill HIGH (]OURT \ DATED:09/1 012025 \ t f ( T r{E S ? 1 FIB 2026 * * ORDER WP.No.39266 ot 2017 DISPOSING OF THE WRIT PETITION WITHOUT COSTS df' V