GERA BABU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, learned Assistant Government Pleader for the official respondents and perused the material placed on record.

(2.) This writ petition has been filed questioning inaction on the part of the 3rd respondent, Assistant Commissioner of Police, in initiating action to arrest the accused persons, who are the respondents No.5 to 11, in Crime No.72 of 2021 dated 10.07.2021 on the file of the Markuk Police Station for the offences 386, 342, 323, 506, 34 IPC r/w. 3(1)(c)(s) SC/ST POA Act, 2015.

(3.) Based on the written instructions dated 16.11.2021, the learned Assistant Government Pleader submitted that complaint dated 09.07.2021 was lodged by the petitioner stating that he is working as HR Manager at Kaveri Seeds Company Private Limited since 06.06.2011. The accused persons along with Security and vigilance staff came to his chamber, attacked on him, grabbed his mobile phone, laptop and latter dragged him into the conference hall where he was abused in filthy language by taking his caste name and took signatures on the empty stamp papers, promissory notes and white papers. Later they took him into Gajwel to a rented room of the complainant by car and seized his two property documents and booked a slot for registration of the property. Due to fear, he escaped from the Gajwel and went to his native village Perala of Cheerala, Prakasham district and requested for legal action. Based on the complaint of the petitioner, Crime No.72 of 2021 was registered under Sections 386, 342, 323, 506, r/w.34 IPC and Section 3(1)(r)(s) of SCs and STs POA Act, 1989. He also submitted that during the course of investigation, the Investigating Officer tried to contact the complainant for recording his statement, but the petitioner in spite of several phone calls failed to approach the Investigating Officer for giving his statement. Finally on 06.11.2021 notice under Section 91/160 Cr.P.C. was served on the complainant with a request to appear before the Investigating Officer for further investigation. Further, on 12.11.2021, the Investigating Officer addressed a letter to the Tahsildar and Executive Magistrate, Cherala Mandal, Prakasam District with a request to furnish the case certificate of the complainant. The case is under investigation for examination of witnesses and collection of evidence. Eventually, he submitted that the petitioner is not cooperating in the investigation and he approached this Court by making false allegations and the writ petition is liable to be dismissed.