Dismissed

Bavirisetti Satya Chandra Kumari, v. The State of Andhra Pradesh

Andhra Pradesh HC5 May 2024WP/3802/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking a direction to the police to file a charge sheet under IPC offences. The Court held that since the police filed a final report referring the case as a mistake of fact, the petition was disposed of without costs.

What did the court decide?

No direction to file a charge sheet; petition dismissed without costs.

Bavirisetti Satya Chandra Kumari, Vs The… — Criminal Trial and Appeal | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATl (Special Original Jurisdiction)

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MONDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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JUSTICE VENKATA JYOTHIRMAI PRATAPA THE HONOURABLE SMT

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WRIT PFTITION NO: 3802 OF 2023/^

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Between:

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rs.fs,f"5 r-«“ Sari Colony Burugupudi, Korukonda Mandal, East Godavari District ...PETITIONER

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AND

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1 The State of Andhra Pradesh,, Rep. by its Principal Secretary Home Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District,

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, Police Headquarters, Mangalagiri, Guntur

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1. The Director General of Police Distrit.

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The Superintendent of Police,, Rajamahendravaram East Godavari District.

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Prakash Nagar Police Station, Prakash Nagar,

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1. The Station House Officer^ East Godavari District.

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5 The Joint Commissioner of Labour Zone-11,, Eluru,^{AshokNagar,Tenali} Ramakrishna Street, Sanivarapu Peta, West Godavari.

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The Deputy Commissioner of Labour,, Suresh Nagar, Kakinada, East Godavari.

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7 The Assistant Commissioner of Labour,, Jayasree Gardera ^st Street Anala Venkata Apparao Road, Rajamahendravaram, East Godavari District.

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✓

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The Assistant Labour Officer(C-1),, Jayasree Gardens,^{13tStreet,Anala} Venkata Apparao Road, Rajamahendravaram, East Godavari^District.

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...RESPONDENTS

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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 a Writ or Order or Direction more particularly one in the. nature of Writ of Mandamus declaring the action of the respondents No.3 and 4 in not filing the Charge Sheet relating to the FIR in Cr.No.283/2022 of Prakashnagar Police Station, East Godavari District^{fortheoffenceunder} Sections 120b, 420, 468, 471 r/w 34 IPC is illegal, arbitrary, unjust, unconstitutional and violation of principles of natural justice and consequently direct the respondents No.1 to 4 to file charge sheet relating to FIR in Cr.No.283/2022 of Prakashnagar Police Station, East^{GodavariDistrict.}

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition,^the High Court may be pleased to direct the respondents No.1 to 4 to file^{chargesheetrelatingtoFIR} in Cr.No.283/2022 of Prakashnagar Police Station, East Godavari District forthwith pending disposal of the writ petition...

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Counsel for the Petitioner: SRI. PHANI KIRAN.M

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Counsel for the Respondent No.01 - 04: GP FOR HOME Counsel for the Respondent No.05 - 08: GP FOR LABOUR

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The Court made the following: ORDER

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APHC010069702023

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3396]

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(Special Original Jurisdiction)

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MONDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA

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WRIT PETITION NO: 3802/2023

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Between:

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Bavirisetti Satya Chandra Kumari,

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...PETITIONER

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AND

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The State Of Andhra Pradesh and Others ...RESPONDENT(S)

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Counsel for the Petitioner:

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1.PHANI KIRAN.M

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Counsel for the Respondent(S):

1.GP FOR HOME

2.GP FOR LABOUR

ORDER:

Instant petition has been filed under Article 226 of the Constitution of India, seeking a direction to Respondent^Nos.3and4 for filing charge sheet relating to Crime No.283 of 2022 of Prakashnagar Police Station, East Godavari District for the offence punishable under Sections 120b, 420, 468, 471 read^with34ofthe IPC.

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Heard Sri Phani Kiran.M, learned counsel for the Petitioner and Assistant Government Pleader for Home.

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Learned counsel for the Petitioner would submit that^Court may direct the Police to file charge sheet relating^{toCrimeNo.283of} 2022 of Prakashnagar Police Station, East Godavari^District.

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Learned Assistant Government Pleader for Home would submit that after due investigation the Police filed a final report referring the case as a Mistake of Fact.

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Learned counsel for the Petitioner would submit that as per the instructions received by him, the report submitted by the Police was returned with some objections.

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The docket proceedings dated 07.11.2023 reveals filing^ofa final report by the Police referring the case as a^mistake of fact. Nothing has been placed on record to show that the^{finalreportfiled} by the Police has been returned for compliance on objections.^Be that as it may, after registration of the case, it^{istheprerogativeof} the investigation officer to do a fair investigation^{andfilethereport} under Section 173 of the Code of Criminal Procedure,^1973. In the present case, initially, a private complaint has been^{filedwhichwas} dismissed. The matter was carried before the Sessions Court in revision. In the light of the order in revision, the private complaint

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was restored to file. Thereafter, a crime has been registered and investigated into.

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In that view, it is apposite to dispose of the present petition since the Police already filed a report referring the case as a Mistake of Fact.

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In the result, the Writ Petition is disposed of. No costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.

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Sd/- M.RAMESH BABU DEPUTY REGISTRAR

//TRUE COPY//

SECTION OFFICER

The Principal Secretary, State of Andhra Pradesh, Home Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur^District.

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The Director General of Police, Police Headquarters, Mangalagiri, Guntur Distrit.

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The Superintendent of Police, Rajamahendravaram East Godavari District.

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The Station House Officer, Prakash Nagar Police Station, Prakash Nagar. East Godavari District.

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The Joint Commissioner of Labour Zone-II, Eluru, Ashok Nagar, Tenali Ramakrishna Street, Sanivarapu Peta, West Godavari.

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The Deputy Commissioner of Labour, Suresh Nagar, Kakinada,^East Godavari.

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The Assistant Commissioner of Labour, Jayasree Gardens, 1st Street, Anala Venkata Apparao Road, Rajamahendravaram, East^Godavari District.

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The Assistant Labour Officer(C-1), Jayasree Gardens, 13t Street, Anala Venkata Apparao Road, Rajamahendravaram, East Godavari District.

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One CC to SRI. PHANI KIRAN.M Advocate [OPUC] 10. Two CCs to GP FOR HOME ,High Court Of Andhra Pradesh. [OUT] 11. Two CCs to GP FOR LABOUR,High Court Of Andhra Pradesh. [OUT]

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One CC to SRI. PHANI KIRAN.M Advocate [OPUC]

Two CD Copies

HIGH COURT

VJPJ

DATED:06/05/2024

ORDER

WP.No.3802 of 2023

or-
O'
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2 6 OCT 2m I
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DISPOSING OF THE WP

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WITHOUT COSTS

Bavirisetti Satya Chandra Kumari, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Bavirisetti Satya Chandra Kumari, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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