THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.23205 of 2011 Date:21st September, 2011 Between: 1. M.Sanjeeva Reddy & Anr. ….Petitioners and 1. Government of Andhra Pradesh, rep. by its Principal Secretary to Govt., Home Department, Secretariat Buildings, Hyderabad & Ors. ….Respondents *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.23205 of 2011 ORDER: This Writ Petition has been filed by M.Sanjeeva Reddy and M.Veera Raghavamma assailing the inaction on the part of the respondents 1 to 3 in taking proper steps with regard to arrest of the accused in Crime No.2 of 2009 of the Station House Officer, Thotlavalluru Police Station, Vijayawada City. 2. When the Writ Petition came up for admission on 14.09.2011, an order has been passed, which reads as hereunder: “It is indeed surprising to note that the investigation, hitherto made by the third respondent, is without even taking into consideration the referral slip of the Government Hospital, Vuyyuru dated 04.01.2009, wherein there is reference to the injuries on the right thumb, the right upper arm and the right thigh of the first petitioner, though he was referred to the Government Hospital, Vuyyuru by the Thotlavalluru Police Station, and was accompanied to the hospital by Head Constable No.474. On being asked, where the referral slip issued by the medial officer of the said government hospital was, Learned Government Pleader for Home, on instructions, states that the referral slip is missing. She would further state that the earlier investigation officer died, and the Assistant Commissioner, who had directed closure, has since retired. I consider it appropriate, therefore, to direct the second respondent to cause necessary enquiries in this regard, and place either the original, or the copy fo the referral slip of the hospital concerned, before this Court by the next date of hearing. Post on 21.09.2011 in the motion list.” 3. Respondents 2 and 3 filed separate counter-affidavits. It is stated in the counter-affidavit of the 2nd respondent that the Police sent the injured to the Government Hospital for treatment and the Circle Inspector of Police, Vuyyur, has been instructed to collect the wound certificates and accordingly, the Circle Inspector of Police consulted the Government Hospital, Vuyyur, and obtained necessary record and wound certificates. Basing on the wound certificates and evidence, necessary action will be taken and appropriate report under Section 173 Cr.P.C. will be filed shortly. Para.9 of the counter affidavit of the 2nd respondent needs to be noted and it is thus: “9. It is pertinent to submit that, with regard to wound certificates (are concerned), this respondent issued instructions to the Circle Inspector of Police, Vuyyur circle to collect the wound certificates, as the same were not found in the CD file. The Circle Inspector of Police, Vuyyur circle had reported that, he consulted the Vuyyyur Govt. General Hospital where the injured are treated initially and later referred to Govt. General Hospital, Vijayawada. The Circle Inspector of Police, Vuyyuru further consulted the Govt. General Hospital, Vijayawada and obtained necessary record and would certificates pertaining to the case. Basing on the wound certificate and evidence necessary action will be taken against the accused in the said FIR and appropriate report U/Sec.173 Cr.P.C. will be filed shortly before the concerned Hon’ble Court by duly following the procedure.” 4. Since the investigation is stated to be pending and the Commissioner of Police, Vijayawada City has placed on record his counter affidavit to the effect that appropriate report under Section 173 Cr.P.C. will be filed shortly before the concerned Court by duly following the procedure, no further orders need be passed in this Writ Petition. 5. In that view of the matter, the Writ Petition is disposed of directing the Station House Officer, Thotlavalluru Police Station, Vijayawada City, to expedite the investigation and file final report before the concerned Court. No costs. ________________________ B.SESHASAYANA REDDY, J. Date:21st September, 2011. cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.23205 of 2011 Date:21st September, 2011