Telangana High Court
N.B.Ramaiah vs The State Of Telangana on 26 December, 2023
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.34597 of 2023
ORDER:
This writ petition is filed seeking the following relief:-
"...to issue a writ, order or direction more particularly one in the nature of writ of mandamus directing the inaction of respondent No.5 to proceed with investigation and file a report under Section 173 of Cr.P.C. in Crime No.106 of 2021 and pass such other order or orders..."
2. The case of the petitioner is that he is the de facto complainant in Crime No.106 of 2021. The claim of the petitioner is that he is Founder Trustee of one Sri Hanuman Shiva Sai Baba Temple situated at Pochamma Basthi, Masab Tank, Hyderabad and the said temple was registered under the provisions of the Endowments Act. It is the further case of the petitioner that when third parties are interfering with the day-to- day administration of the subject temple and causing inconvenience to the devotees, he being the Managing Trustee of the temple has submitted a complaint and as the contents of which disclose cognizable offences, a case in Crime No.106 of 2021, dated 29.06.2021 was registered for an offence punishable 2 CVBR, J Wp_34597_2023 under Section 506 of I.P.C. It is further stated that even though the said complaint was registered against the accused mentioned therein, so far investigation has not been completed nor filed appropriate final report/charge sheet.
3. Learned Assistant Government Pleader for Home appearing for the respondents, on instructions, would submit that acting on the complaint of the petitioner a case in Crime No.106 of 2021 was registered for the offence under Section 506 of I.P.C. and since there are serious disputes with regard to the administration and maintenance of the subject temple, the police are collecting all necessary documents from the Endowment Department and other concerned Departments, in that process there is a delay in completing the investigation and if sufficient time is granted, the police should complete the investigation and file appropriate final report before the Court concerned.
4. In view of the above submissions, this Court, deems it appropriate to dispose of the writ petition directing respondent No.5 to complete the investigation in Crime No.106 of 2021, as expeditiously as possible, preferably, within a period of three (03) 3 CVBR, J Wp_34597_2023 months from the date of receipt of a copy of this order and file final report/charge sheet in accordance with law.
5. With the above observations, the Writ petition is disposed of. There shall be no order as to costs.
6. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
________________________________ JUSTICE C.V.BHASKAR REDDY 26.12.2023 gkv