Allowed

Kunchapu Harikrishna, v. The State of Andhra Pradesh

Andhra Pradesh HC9 Aug 2021WP/13773/2021

Case brief

AI extract

What is this about?

The court allowed the writ petition, holding that the delay in filing the charge sheet was due to laches and not the pandemic. It directed the Investigation Officer to file the charge sheet within 14 days and the Superintendent of Police to monitor compliance.

What did the court decide?

Direction to the Investigation Officer to file the charge sheet within 14 days and the Superintendent of Police to monitor the investigation.

Kunchapu Harikrishna, Vs The State of… — Criminal Trial and Appeal | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No.13773 OF 2021

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ORDER:-

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The writ petition has been filed seeking declaration that the action of the respondents 2 and 3 in not completing the investigation in Crime No.246 of 2019 of Ananthapur II Town Police Station, as arbitrary and illegal and consequently sought direction to respondents 2 and 3 to complete the investigation and file charge sheet in the trial Court.

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

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The petitioner is the de facto complainant in Crime No.246 of 2019 of Ananthapur II Town Police Station. He has filed a complaint before the Additional Judicial Magistrate of First Class, Ananthapur. The said complaint was referred by the learned Magistrate under Section 156 (3) of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) to the Station House Officer of II Town Police Station, Ananthapur for investigation and report. Pursuant to the direction given by the Court, a case in the above crime was registered for the offences punishable under Sections 323, 307 r/w 34 of the Indian Penal Code, 1860 (for short “I.P.C.”) long back on 24-09-2019. However, the Investigation Officer did not complete the investigation till now even after lapse of more than one and half years period and no charge sheet is filed in the Court till now. Therefore, questioning the said inaction on the part of the Investigation Officer in completing the investigation within the statutory period of time and filing charge sheet in the trial Court, the

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present writ petition is filed seeking the above declaration and direction.

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It is not disputed before this Court that on a direction given by the learned Additional Judicial Magistrate of First Class, Ananthapur under Section 156(3) Cr.P.C., a case in Crime No.246 of 2019 was registered long back on 24-09-2019 for the offences punishable under Sections 323, 307 r/w 34 of I.P.C. by the 3^rd respondent-Station House Officer of II Town Police Station, Ananthapur. It is also not disputed before this Court that the investigation in the said case is not completed and charge sheet is also not filed till now in the concerned Court.

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Learned Assistant Government Pleader for Home on instructions would submit that all material witnesses are now examined and that charge sheet could not be filed in the Court due to Covid-19 pandemic situation and that the Investigation Officer would file the charge sheet within a short time. The said explanation offered for not completing the investigation within the statutory period of time and filing the charge sheet, is not at all satisfactory and convincing. When the Investigation Officer could investigate the case and examine all the material witnesses in this case, it is really beyond the comprehension of this Court as to why he could not file the charge sheet due to pandemic situation. It appears that it is a false explanation given by him to cover up his laches.

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Section 167 Cr.P.C. mandates that the investigation in grave offences shall be completed within ninety (90) days and in all other offences, within sixty (60) days. The said statutory

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period prescribed for completing the investigation has been expired long back. Still the 3^rd respondent could not file the charge sheet on completion of investigation. Therefore, there are clear laches on his part in not completing the investigation within the stipulated time and in filing the charge sheet.

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Therefore, this Writ Petition is allowed with a direction to the Investigation Officer, who is 3^rd respondent herein to file the charge sheet within fourteen (14) days from the date of this order i.e. on or before 23.08.2021 without fail. The 2^nd respondent-Superintendent of Police shall monitor the investigation done by the 3^rd respondent and shall take steps to ensure that the 3^rd respondent files the charge sheet as directed by this Court within fourteen (14) days i.e. on or before 23.08.2021. There shall be no order as to costs.

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Miscellaneous Petitions, if any pending, in this Writ Petition, shall stand closed.

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_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

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Date : 09-08-2021 ARR

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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

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WRIT PETITION No.13773 OF 2021

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Date : 09-08-2021

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ARR

Kunchapu Harikrishna, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Kunchapu Harikrishna, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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