Telangana High Court
Mohd Yousuf Ali Khan vs The State Of Telangana on 30 July, 2020
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
HON'BLE SRI JUSTICE T. VINOD KUMAR
WRIT PETITION NO.11238 OF 2020
ORDER:
The present writ petition is filed under Article 226 of the Constitution of India to declare the inaction of respondent in taking action on registration of FIR/Crime No.27 of 2020 by the 4th respondent authority and taking action against the persons named in the complaint, as being illegal, arbitrary and unconstitutional.
2. The present writ petition is taken up for hearing today, i.e. 30.07.2020, through Video Conferencing.
3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home.
4. Learned Counsel for the petitioner reiterates the writ averments.
5. Learned Assistant Government Pleader for Home has forwarded to this Court by e-mail written instructions under the signature of Sub-Inspector of the 3rd respondent authority. By the aforesaid written instructions, it is stated that the 2nd petitioner in the Writ Petition lodged a complaint on 14.03.2020 with the 4th respondent authority with regard to the land in Sy. No.234, 235 and 236 situated at Agiryala village of Kondurg Mandal against one Chendhi Thirupathi Reddy and other. It is stated that that pursuant to the complaint made by the 2nd petitioner herein, a case was registered vide Crime No.27 of 2020 on 14.03.2020 for the offences under Sections 447, 427, 506 IPC and Section 3(1) of Scheduled Castes, Scheduled Tribes (POA) Act, 1989, on the file of 2 4th respondent police station and investigation has been taken up. Since, the case was registered under the provisions of Section 3(1) of SC, ST (POA) Act, the investigation is taken up by the 3rd respondent authority. It is stated that in the course of investigation, the investigating authority of the 3rd respondent authority has examined two witnesses and recorded their detailed statements. The investigating officer also obtained certificate of the complainant as ST (Lambada) and accused person belonging to Reddy caste. It is also further stated that the investigating officer addressed a requisition to the Tahsildar concerned on 20.06.2020 requesting to furnish particulars of the above said lands for the purpose of further investigation and the report is awaited. By the aforesaid written instructions, it is stated that the 3rd respondent authority is causing investigation into the matter in fair and impartial manner by putting hectic efforts. It is stated that once the Tahsildar furnishes particulars relating to the land, the 3rd respondent authority will conduct further investigation in an impartial and sincere manner and take necessary action in accordance with the provisions of law, if the complicity of the persons named in the complaint is established.
6. Having regard to the submissions made as above, considering that the investigation is being conducted by the 3rd respondent authority, this Court sees no reason for not accepting the submission that the investigation is being done in an impartial manner. However, it is needless to mention that having regard to the complaint made whereby persons named in the complaint having demolished the petitioners house with the help of JCB and damaging the crop, the respondent authority shall take necessary 3 action as expeditiously as possible by obtaining the information from the Tahsildar relating to the land, to enable the said authority to complete investigate into the matter.
7. Subject to the above observation, the Writ Petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.
___________________________ JUSTICE T.VINOD KUMAR Date: 30.07.2020 MRKR