Telangana High Court
Dr. Ippatoori Srikanth vs The State Of Telangana on 29 September, 2020
Author: P. Naveen Rao
Bench: P. Naveen Rao
THE HON'BLE SRI JUSTICE P. NAVEEN RAO
WRIT PETITION No.16693 OF 2020
Date:29.09.2020
Between:
Dr. Ippatoori Srikanth,
S/o. Dr. Ippatoori Ganesh .. Petitioner
And
The State of Telangana, rep., by its
Principal Secretary, Home Department,
Secretariat Building, Hyderabad
and others .. Respondents
The Court made the following:
2
THE HON'BLE SRI JUSTICE P. NAVEEN RAO
WRIT PETITION No.16693 OF 2020
ORDER:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for the respondents.
2. This writ petition is filed alleging that even though a cognizable crime was registered as Crime No.435 of 2019 on 05.07.2019 before the Station House Officer, Shadnagar Police Station, Cyberabad, respondent No.3, there is no progress in the investigation of crime causing hardship and suffering to the petitioner.
3. If the petitioner had grievance against non-registration of crime, he has an effective and efficacious remedy under the Criminal Procedure Code. Therefore, petitioner has to avail the remedy available in law, before invoking the jurisdiction of this Court.
4. The very issue was considered by this Court in W.P.No.38397 of 2019 and batch in Govind Raju Sami v. State of Telangana and Others1. On consideration of the precedent decisions on the subject and the scope of provisions of the Code of Criminal Procedure, more particularly, Sections 156, 190 and 200 of Cr.P.C., this Court held as under:
"34. Having regard to law propounded by Supreme Court, it is no more open for any one to contend that unless a report is filed aggrieved person is without remedy. It is also no more open to contend that once crime is registered accused must be arrested and charge sheet/final report must be filed as a matter of course. Further, delay in completing the investigation can be for various reasons. Police may be waiting for forensic report/Medical report/the accused is absconding/having regard to complex nature of crime reported more time is consumed to collect required data/information 1 2019 (3) ALT 139 3 to assess the nature of crime, number of documents and/or witnesses are more. While determining delay, it is necessary to consider each case on its facts having regard to attending circumstances including nature of offence, number of accused and witnesses etc [Mahender Lal Das v. State of Bihar Appeal (Civil) No. 1038 of 2001 dated 12.10.2001]. The jurisdictional Magistrate shall have all material facts in issue at his command to assess the issue and shall be competent to go into all aspects when matters are brought before him and to take appropriate decision. It is also within the competence of superior officers to assess the conduct of Station House Officer and to take remedial action whenever there is deliberate and unexplained delay in investigation and filing of final report."
5. This aspect was considered by the Hon'ble Supreme Court in M.Subramaniam and another v. S.Janaki and another2. In the said judgment, the Hon'ble Supreme Court affirmed the view taken by the Supreme Court in Sakiri Vasu v. State of Uttar Pradesh3 and Mohd. Yousuf v. Afaq Jahan4 and held as under:
"17. In our opinion Section 156(3) Cr.P.C. is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an FIR and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police. Section 156(3) Cr.P.C., though briefly worded, in our opinion, is very wide and it will include all such incidental powers as are necessary for ensuring a proper investigation."
6. Following the above decisions, this writ petition is dismissed granting liberty to the petitioner to work out his remedies on the issue of delay in conducting investigation and filing final report in Crime No.435 of 2019 stated to have been reported by the petitioner on 05.07.2019. Pending miscellaneous petitions shall stand closed.
____________________ P. NAVEEN RAO, J Date:29.09.2020 KH 2 2020 SCC online S.C. 341 3 (2008) 2 SCC 409 4 (2006) 1 SCC 627 4 THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.16693 OF 2020 Date:29.09.2020 KH