Ayyadapu Sandhya vs The State Of Telangana And ...
2023 Latest Caselaw 1221 Tel

         THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                       AND
              THE HON'BLE SRI JUSTICE N. TUKARAMJI


                   WRIT APPEAL No.762 of 2022

JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)


       Heard Mr. D.Y.N.L.N.Charyulu, learned counsel for

the appellant and Mr. M.Roopender, learned Government

Pleader for Home representing respondents No.1 to 4.

2. This intra-court appeal under Clause 15 of the

Letters Patent is directed against the order dated

01.08.2022 passed by the learned Single Judge dismissing

W.P.No.31073 of 2022 filed by the appellant as the writ

petitioner.

3. Appellant had filed the related writ petition taking

exception to the inaction of respondents No.2 to 4 in

initiating action against respondents No.5 to 12 by

arresting them in connection with FIR No.144 of 2022 so

as to prevent them from threatening the independent

witnesses, thus hampering fair and proper investigation.

She further sought for a direction to respondent No.4 to

arrest respondents No.5 to 12 in connection with FIR

No.144 of 2022.

4. Before the learned Single Judge it was contended on

behalf of the appellant that her husband had committed

suicide. In this regard, Crime No.144 of 2022 was

registered before the Ramannapet Police Station under

Rachakonda Commissionerate under Section 306 read with

Section 34 of the Indian Penal Code, 1860 (IPC). In the

complaint, appellant had specifically mentioned the names

of the persons responsible for commission of suicide by her

husband. In spite of that, the police had named only

respondents No.5 to 12. However, no action has been

taken against them.

4.1. Learned Assistant Government Pleader for Home

submitted on the basis of written instructions that in the

course of investigation, the investigating officer had

examined LW1 to LW22 and had recorded their statements.

Those have been sent to the FSL on 04.07.2022. Report of

FSL was awaited. He further submitted that on receipt of

FSL report, investigating officer would proceed further.

4.2. Learned Single Judge observed that whether to arrest

the accused persons or not is completely within the domain

of the police and that the writ court would not direct the

police to arrest whom and when. Referring to the number

of cases pending before the police, learned Single Judge

declined to entertain the writ petition.

5. Though rejection of the writ petition was in exercise

of the power of judicial review under Article 226 of the

Constitution of India, nonetheless, applying the principles

of Ram Kishan Fauji v. State of Haryana1, such decision

of the learned Single Judge certainly falls within the

broader ambit of criminal investigation. Therefore, stricto

sensu a writ appeal would not lie against such a decision of

the learned Single Judge. Having said so, it is open to the

appellant to avail her remedy under the Code of Criminal

Procedure, 1973, to seek speedy and fair investigation

1 (2017) 5 SCC 533

which is a fundamental right not only of the accused but of

the victim as well.

6. At this stage, learned Government Pleader for Home

has assured the Court that investigation would be carried

out expeditiously.

7. Subject to the above, writ appeal is disposed of.

Miscellaneous applications pending, if any, shall

stand closed. However, there shall be no order as to costs.

______________________________________ UJJAL BHUYAN, CJ

______________________________________ N. TUKARAMJI, J 14.03.2023 vs