Manohar Bukke vs Station House Officer

Heard the learned counsel for the petitioner and the learned Government Pleader for Home.

The grievance of the petitioner is that even after registering the crime in F.I.R. No. 197 of 2021 for the offence under Section 379 r/w Section 34 I.P.C., the Police did not conduct proper investigation and did not seize the machinery i.e., HDD Machine (Horizontal direction drilling Machine vide No. IVRZ19032A1000886) and Lorry bearing No. AP 24V 9979 from the possession of respondent No. 5 and have not produced it before the concerned Court. It is submitted that the Police have simply issued notice  under Section 91 of Cr.P.C., but have not taken any steps to seize the machinery from the possession of respondent No. 5. The machinery used to fetch Rs.10,000/- per day towards rents and therefore, the petitioner is facing loss on day-to-day basis.

In the complaint, dated 28.11.2021, the petitioner has alleged that he is the owner of the machinery, including the lorry; that he had handed over the machinery to his friend, one Dointhireddy Ram Mohana Reddy with a request to handover the same to respondent No. 5, in pursuance of agreement of sale entered with respondent No. 5. Accordingly, the machinery was handed over to respondent No. 5 and he was supposed to sign the agreement of sale. However, the respondent No. 5 neither signed the agreement of sale nor paid the sale consideration amount of Rs.47,65,000/-. According to the petitioner, the respondent No. 5 is postponing to sign the agreement of sale and in spite of petitioner's persuasion, there is no response from the respondent No. 5. As the respondent No. 5 did not abide by the agreement, the petitioner has sent his friend, Dointhireddy Ram Mohana Reddy to Alwal Village to bring back the machinery. On enquiry, he came to know through neighbours that respondent No. 5 and others have taken away the machinery and thus, they have committed theft of the machinery. Therefore, the petitioner requested the Police to seize the machinery as early as possible and handover the same to him.

The learned Assistant Government Pleader for Home, in instructions, submits that the investigation is under progress.

A reading of the allegations leveled in the complaint prima facie discloses that the transaction between the petitioner and the respondent No. 5 is civil in nature and therefore, the relief, as sought for in the present writ petition, cannot be granted and if any direction is granted at this stage, it would impact the investigation.

In the circumstances, the writ petition is disposed of directing the Police to complete the investigation in Crime No. 197 of 2021 within a period of one month from the date of receipt of a copy of this order. The petitioner is at liberty to avail the appropriate legal remedies subject to the outcome of investigation in Crime No. 197 of 2021. It is made clear that the Police shall conduct the investigation uninfluenced by any of the observations made in this writ petition. No costs.

As a sequel, pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.