Disposed

C. Narayan Reddy v. The Government of Andhra Pradesh

Telangana HC17 Aug 2012WP/9994/2012

Case brief

AI extract

What is this about?

In this writ petition, the court addressed the delay in filing the investigation report under Section 173 Cr.P.C. by police authorities. The court directed the Station House Officer to obtain the Forensic Science Laboratory reports and file the charge sheets within four weeks.

What did the court decide?

Station House Officer directed to obtain F.S.L. reports within four weeks and file along with charge sheets.

C. Narayan Reddy Vs The Government of Andhra… — Criminal Trial and Appeal | Telangana HC (2012)

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THE HON’BLE SRI JUSTICE K.C.BHANU

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WRIT PETITION No.9994 OF 2012

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ORDER:

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This Writ Petition is filed seeking to declare the inaction of respondent No.3 in completing the investigation in Crime Nos.139 of 2008 and 13 of 2009 of Chinnamandem Police Station, Kadapa District, despite lapse of two years and in spite of the orders of the Additional Judicial Magistrate of First Class, Rayachoti, dated 05.09.2011, in Crime No.13 of 2009, as illegal and arbitrary and consequently, to direct the respondents to complete the investigation within a stipulated time.

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2. Heard.

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3. When a cognizable offence is reported to the police, they got a statutory right to investigate the case under Section 154 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’). Similarly, there is a statutory obligation on the part of the Investigating Officer to file a report as contemplated under Section 173 Cr.P.C. as expeditiously as possible without any further delay.

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4. Though the aforesaid crimes were registered in the years 2008 and 2009, till now no reports as contemplated under Section 173 Cr.P.C., have been filed. The learned Assistant Government Pleader for Home, on instructions, stated that investigation is completed in the aforesaid Crimes; that charge sheet in Crime No.139 of 2008 was filed in the year 2010 and the same was returned for objection of non-filing the report of the Forensic Science Laboratory (F.S.L.); that after obtaining F.S.L. report charge sheet would be re-submitted in the Court; and that charge sheet in Crime No.13 of 2009 would be filed after obtaining F.S.L. report. There is no excuse for police in not obtaining the reports from the F.S.L. and filing the same along with the

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charge sheets. There is total inaction on the part of the police in not obtaining the reports from the F.S.L., though investigation was completed in the year 2010.

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5. Therefore, the Writ Petition is disposed of directing the Station House Officer, respondent No.3, to obtain the F.S.L. reports as early as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of this order and file the reports along with the charge sheets before the concerned criminal Court. There shall be no order as to costs.

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

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_______________ K.C.BHANU, J

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August 17, 2012 MD

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THE HON’BLE SRI JUSTICE K.C.BHANU

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WRIT PETITION No.9994 OF 2012

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August 17, 2012

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C. Narayan Reddy v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

C. Narayan Reddy v. The Government 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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