Disposed

Ch Durgamma v. the State of Ap

Andhra Pradesh HC10 Dec 2019WP/1345/2019

Case brief

AI extract

What is this about?

In this writ petition, the court examined delay in filing a final report. Relying on written instructions stating investigation was completed but a report from R.F.S.L. was pending, the court directed the Station House Officer to depute an officer to obtain the report and file the final report within one month.

What did the court decide?

Directed the Station House Officer to depute a police officer to obtain report from R.F.S.L. and file final report before jurisdictional Magistrate within one month.

Ch Durgamma Vs the State of Ap — Criminal Trial and Appeal | Andhra Pradesh HC (2019)

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.1345 OF 2019

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ORDER :

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This writ petition is filed under Article 226 of the Constitution

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of India seeking the following relief:

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“to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the official respondents in non-filling of Final Report/Charge Sheet by completing investigation in respect of Crime No.181 of 2017 dated 29.08.2017 on the file of the Devarapalli Police Station, Devarapalli, West Godavari District even after elapsed one Year five months, which beyond the statutory period as stipulated in provisions of the Code of Criminal Procedure is arbitrary, illegal, capricious and contrary to the provisions of Code of Criminal Procedure apart from violative of Article 21 of Constitution of India and to file the charge sheet forthwith and consequently direct the official respondents to complete investigation forthwith pending disposal of the above Writ Petition in the interest of justice”

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Learned Counsel for the petitioner, though, raised several contentions, during hearing, learned Assistant Government Pleader for Home placed on record written instructions dated 19.02.2019 informing that the investigation is completed, but awaiting report from R.F.S.L.

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Learned counsel for the petitioner mainly contended that the investigation is not completed, but this contention is not supported by any material in view of the written instructions received by the learned Assistant Government Pleader for Home.

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Though 10 months time elapsed after obtaining written instructions, report from R.F.S.L. is not yet received and no action was taken to secure the report from R.F.S.L. and to file final report before the jurisdictional Magistrate. Therefore, Station House Officer, Devarapalli Police Station, Devarapalli, West Godavari District is directed to depute a police officer to RFSL for obtaining report from

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MSM,J WP_1345_2019

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the concerned and file final report before the jurisdictional

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Magistrate within one month from today.

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With the above, the writ petition is disposed of. No costs.

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The miscellaneous petitions pending, if any, shall also stand closed.

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_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

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10.12.2019 Ksp

Ch Durgamma v. the State of Ap

Case brief

What is this about?

What did the court decide?

Ch Durgamma v. the State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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