UPPALAPATI NIRUPA RANI Vs. KOGANTI LAKSHMI

JUDGEMENT

(1.) 'Aabharan' is a firm. First respondent herein is its partner. The firm is in the business of selling imitation jewellery, stone ornaments, antic ornaments, fashion bangles and hair accessories. The shop is situated in rented premises bearing door No. 40-1-53B owned by U. Aditya and his sister U.S. Spandana, at Benz Circle, Vijayawada. The lease was negotiated by their parents - appellants herein; in whose favour owners executed GPA. First respondent found that their shop was burgled in the intervening night of 15-16th of November, 2009. Their partner gave a report to fifth respondent. The same was registered as crime No. 586 of 2009. Alleging that Station House Officer (SHO), P.S., Machavaram (fifth respondent) is not investigating, first respondent filed writ petition seeking a direction to respondents 2 to 5 to entrust investigation to Crime Branch of Crime Investigation Department (CBCID). Learned single Judge issued mandamus as prayed. Further direction was issued to ensure that investigation is completed and appropriate charge sheet/final report is filed within three months. The appellants, with leave, filed the instant appeal.

(2.) The lease of the premises for running 'Aabharan' business is not disputed. In addition to the brief background of the case, as above, some of the allegations made by first respondent need to be noticed. First respondent and two others, namely, Panchakarla Devi Vanitha and Chirrareddy Nandini constitute a registered firm. They commenced 'Aabharan' on 31.07.2009 in the rented premises. As per the lease deed, dated 01.07.2009, the monthly rent payable is Rs. 18,000/ -. Since first week of November, 2009, the appellants and their relatives Koganti Ramakrishna and Koganti Balakrishna conspired and started harassing and threatening to compel first respondent to vacate the shop. On 15.11.2009, all the partners verified the accounts upto 9.00 p.m. On the next day, when the shop was opened at 9.30 a.m., by first respondent, Devi Vanitha and her husband, they found that flex sheet of glow sign board of the shop and locks were removed and there were two new locks on the shop with two private security guards standing there. In early hours on 16.11.2009, the appellants and others illegally broke open the shop locks and looted the stocks worth about Rs. 10,00,000/ - and cash amount of Rs. 2,20,000/ - as well as entire correspondence, rent receipts, records, bills, lease agreement, computers, credit card machines etc. First respondent, Devi Vanitha and her husband reported the crime to SHO, PS, Machavaram. They waited at Police Station upto 1.30 p.m., on that day. At that time, the Court staff served notice, copy of the petition in I.A. No. 641 of 2009 in O.S. No. 1366 of 2009 on the husband of Devi Vanitha. They came to know that shop owners represented by their mother filed the said suit on the file of the Court of I Additional Senior Civil Judge, Vijayawada for permanent injunction against M/s. R and R Enterprises and obtained ex parte injunction on 13.11.2009. It is alleged that R&R Enterprises belonging to husband of first respondent was closed and agency was concluded by the end of June, 2009 and thereafter the new firm 'Aabharan' entered into on lease. Be that as it is, appellant moved an application before the civil Court seeking eviction and ad interim order. In that connection, as per the orders of the civil Court, Advocate Commissioner visited the shop on 24.11.2009 and filed report on 03.12.2009.

(3.) The SHO did not take any action on the report given on 16.11.2009. Hence, first respondent sent the report to the Commissioner of Police, Vijayawada (CP, for brevity) by registered post. First respondent and her partners went to the Office of the CP., and narrated the incident, in vain. The appellants are influential persons and allegedly they managed the CP and SHO. First respondent, therefore, made a representation on 21.11.2009 to the Hon'ble Home Minister duly marking copies to Director General of Police (DGP) and CP. Thereafter, on 21.11.2009 at 8.00 p.m., SHO registered First Information Report (FIR) being crime No. 586 of 2009 under Sections 341, 427, 506 read with Section 34 of Indian Penal Code, 1860 (IPC) against appellants herein and others. Except registering FIR, till February, 2010, SHO did not take any action.