The High Court of Andhra Pradesh dismissed a writ petition challenging the non-transfer of a criminal investigation to CBCID, noting that the police IO completed the investigation and filed the charge sheet in accordance with law.
Writ Petition closed; no order as to costs. Interlocutory applications, if any pending, stand closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
MONDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON’BLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 29058 OF 7017
Between:
P. Indrasen Naidu, S/o late Chengama Naidu, Aged about 60 years, Occ.; Agriculture, R/o Chittamuru Village and Mandal, SPSR Nellore District.
...PETITIONER
AND
...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate order or direction or a Writ especially one in the nature of Writ of Mandamus declaring the action of the respondents in not transferring the investigation in Crime No.77/2016 on the file of the 7th respondent Police Station to CBCID on the representation
dated 07-08-2017 as arbitrary and illegal and violative of principles of natural Justice and consequently direct the respondentNos.1 & 2 to transfer the investigation in Crime No.77/2016 on the file of the 7th respondent Police Station, to CBCID in the interest of justice.
I.A. NO: 1 OF 2017(WPMP. NO: 36166 OF 2017t
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent Nos. 1 and 2 to consider the Petitioner's representation dt. 07.08.2017 for transferring the investigation in Crime No.77/2016 on the file of 7th respondent P.S., to CBCID in the interest of Justice pending disposal of above Writ Petition. Counsel for the Petitioner:SRI. A. CHANDRAIH NAIDU Counsel for the Respondents No.1,2,3,4,5,6,7: GP FOR HOME Counsel for the Respondent No.8: SRI.SREENIVASA RAO VELIVELA The Court made the following: ORDER
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APHCO10055332017 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI [ (Special Original Jurisdiction) 3310 ] MONDAY ,THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO; 29058 OF 2017
Between;
P. Indrasen Naidu,
...PETITIONER(S)
AND
THE STATE OF A P AND OTHERS ...RESPONDENT(S)
Counsel for the Petitioner(s):SRI. A CHANDRAIH NAIDU
Counsel for the Respondents: 8313/SREENIVASA RAO VELIVELA
Counsel for the Respondents:GP FOR HOME (AP)
The Court made the following: ORDER
This writ petition is filed declaring the action oftherespondentsinnot transferring the investigation in Crime No.77/2016 on the file of the 7^^ re spondent police station, to CBCID on the representationdated7.8.2017as arbitrary and illegal.
written instructions, dated 15.02.2018, issued by the Sub Inspector of Police, Chittamuru PS., SPS Nellore District, stating that, basing on the complaint of the petitioner herein. a case in Crime No.77 of 2016 dated 24.09.2016 was registered under Sections 420, 406, 506, 120(b) r/w 34 IPC on the file of the Chittamuru Police Station against the respondent herein (A.l) & 7 others, wherein the investigation was taken up by the Inspector of Police, Vakadu Circle. The Investigating Officer after completion of investigation strictly in accordance with law and as per the provisions of Criminal Procedure Code, filed charge sheet in the case on 29.09.2017 before the Hon’ble Judicial First Class Magistrate, Kota and the same ISi now pending trial vide CC No. 143 of 2017. Therefore, all the allegations of the petitioner in the affidavit against the respondent police authorities are incorrect and unsustainable. In view of the same, nothing survives in the present writ petition.
SD/- P.U.V.BHASKARA RAO assistant ISTRAR
//TRUE COPY//
SECTION OFFICER
To,
nm
X •X
HIGH COURT
DATED:04/03/2024
ORDER
WP.No.29058 of 2017
-9m
5 2 3 AUG 20?‘i CO,
^ , Current Section
CLOSING THE WP
WITHOUT COSTS
P. Indrasen Naidu
The State of Andhra Pradesh
The Director General of Police, Vijayawada
The Superintendent of Police, SPSR Nellore
The Superintendent of Police, Tirupathi Urban
The Deputy Superintendent of Police, Guduru
K MANMADHA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
