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since 1985 practicing as advocate in both civil & criminal laws

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Saturday, August 29, 2020

WRIT - direction to the 3rd respondent to complete the investigation as expeditiously as possible in accordance with law and file final report in any event not latter than two (02) months from today.

WRIT -  direction to the 3rd respondent to complete the investigation as expeditiously as possible in accordance with law and file final report in any event not latter than two (02) months from today.
AP HIGH COURT
Main NumberWP 14332/2020SR NumberWPSR 17718/2020
PetitionerLingisetty Naga RajeswariRespondentThe State of Andhra Pradesh
Petitioner AdvocateN V R AMARNATHRespondent AdvocateGP FOR HOME
THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.14332 OF 2020
ORDER:-
This Writ Petition is filed under Article 226 of Constitution of
India, questioning the action of the 3rd respondent in not
investigating into Crime No.129 of 2020, dated 23-07-2020,
declare the same as illegal and arbitrary and consequently direct
the 3rd respondent to investigate into the Crime No.129 of 2020 on
the file of the 3rd respondent and to file charge sheet within
stipulated time, or alternatively to direct the 2nd respondent to
supervise the investigation done by the 3rd respondent.
2. The main grievance of the petitioner before this Court is that
the petitioner lodged the complaint in the year 2019 i.e. on
05.04.2019 making serious allegations against the unofficial
respondents. But crime was registered on 23-07-2020 i.e. almost
with a delay of more than a year and started investigation. But till
date, the investigation is not completed. In view of the long delay
in registration of crime, there is a possibility of obliterating the
evidence and requested to issue a direction to complete the
investigation as expeditiously as possible under the guidance and
supervision of 2nd respondent.
3. Learned Assistant Government Pleader for Home submits
that the investigation is in progress and assured that the 3rd
respondent will complete the investigation as expeditiously as
possible and file final report pertaining to the crime before the
Court.
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4. In view of the submission made by learned Assistant
Government Pleader and taking into consideration the long delay
in registration of crime and possibility of obliterating the evidence
to be collected and produced before the Court, I find that it is
appropriate to issue a direction to the 3rd respondent to complete
the investigation as expeditiously as possible in accordance with
law and file final report in any event not latter than two (02)
months from today.
5. With the above direction, the Writ Petition is disposed of at
the stage of admission with the consent of both the counsel. There
shall be no order as to costs.
Miscellaneous petitions pending if any, in this Writ Petition,
shall stand closed.
 _________________________________________
 JUSTICE M.SATYANARAYANA MURTHY
Date : 24-08-2020
ARR

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.14332 OF 2020
Date : 24-08-2020
ARR