P. Sudershan vs Commissioner of Police and Others

B. Atchutananda Swamy, J.—This writ petition is filed seeking a Writ of Mandamus directing the XII Metropolitan Magistrate, Hyderabad to enquire into the private complaint filed u/s 202, Cr.P.C. for an offence committed by the alleged accused shown in the complaint for which the Malakpet police registered Crime No. 152/96, without waiting for the final report or a charge-sheet to be filed by the police and decide the matter on his own.

Heard both the Counsel.

The factual background of this case is that as per the version of the petitioner that on 24-10-1996 at about 7-30 p.m. while he was proceeding from his residence to his Advocate''s office, the alleged accused attacked him at Malakpet and he lodged a complaint with the Malakpet police who in turn registered it as Crime No. 152/96 Under Sections 147, 148, 307 and 427, IPC. Thereafter the petitioner seemed to have filed an application before the Commissioner of Police seeking police protection and when no orders were passed on his application he moved this Court by filing Writ Petition No. 24337/96 seeking police protection on the ground that he apprehends danger to his life from the alleged accused. While the writ petition is pending consideration by this Court, the then Commissioner of Police, having taken into consideration the cases and counter-cases filed by the parties involved in this litigation, refused to provide police protection to the petitioner vide his Memorandum dated 27-11-1996, on the ground that the petitioner himself is involved in many criminal cases. At the same time, the Commissioner informed the petitioner that Crime No. 152/96 on the file of Malakpet Police Station is being transferred to City Crime Station, a specialised agency for further investigation since the petitioner made certain allegations against the Malakpet police. When this fact was brought to the notice of the Court, the above writ petition was also dismissed. But, thereafter, the file was never transferred to CCS. Having waited for some time, the petitioner seemed to have filed a private complaint in Crl.M.P. No. 509/98 before the XII Metropolitan Magistrate, Hyderabad. The Magistrate seemed to have made an endorsement that as the police have registered a crime, the final report is awaited in this case. Now, ultimately the petitioner turned up saying that beyond 27-11-1996 nothing transpired in the matter. In those circumstances, the present writ petition is filed.

In the counter-affidavit filed by the respondents it is stated that the CD. file in Crime No. 152/96 could not be transferred to CCS as a departmental enquiry is pending against the Inspector and Sub-Inspector of Police. On further enquiry, the Deputy Commissioner of Police, South Zone, who attended this Court pursuant to the order of this Court dated 29-7-1999 (sic), submitted that the Commissioner of Police instituted an enquiry against the above two officers and the preliminary enquiry report was submitted by the officer concerned way back on 28-11-1996 along with the connected records to the Commissioner of Police, who is the disciplinary authority for taking action against them. But, unfortunately the file did not see light in the office of the Commissioner and it is pending for nearly two years. It is only on 6-3-1998 the Commissioner has taken a decision to institute a regular, enquiry against the above officers and appointed an Enquiry Officer, but this Enquiry Officer seemed to have been transferred and a new Enquiry Officer has been appointed in his place and the enquiry that is being conducted by the second Enquiry Officer is yet to be completed.

From the above facts, it is seen that the Commissioner of Police having transferred the file from Malakpet Police Station to CCS way back on 27-11-1996 should not have retained the original record with him and had he forwarded the record to CCS, the investigation in this case would have been over long back. If he really needed any of the documents in this case, he would have taken certified copies of the same and forwarded the file to CCS. But nothing of that sort has been done, with the result a crime which was registered way back on 24-11-1996 remained uninvestigated for nearly three years. In the counter filed by the respondents, it is stated that the file has been transferred to CCS and it is now for the CCS to take up the investigation.

As the police have not shown any diligence in conducting the "investigation, the Magistrate is fully competent, to enquire into the matter without referring to the police and decide the same on merits without being influenced by the report filed by the police or without waiting for the final report any longer in the facts and circumstances of the case. Therefore, the XII Metropolitan Magistrate, Hyderabad is directed to enquire into the private complaint in Crl.M.P. No. 509/98 in Crime No. 152/96 and complete the same within a period of three months and pass orders in accordance with law.

With the above direction, the writ petition is disposed of at the admission stage after hearing the Respondents.