Writ petition challenging non-filing of charge sheet. Court directed SHO to serve notice under Section 173(8) Cr.P.C. before final report. Petitioner left to seek alternative remedies.
SHO directed to serve notice under Section 173(8) Cr.P.C. within one week.
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HON’BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.21949 of 2018
ORDER:
This writ petition is filed aggrieved by the action of the 3rd respondent in not filing the charge sheet in Cr.No.1160 of 2017 dated 04-09-2017.
Learned Assistant Government Pleader for Home basing on written instructions stated that complaint of the petitioner was investigated into and final report was filed on 20-04-2018. There is no mention of issuance of notice to the petitioner prior to filing of final report.
It is not known how the respondent-police filed final report in the concerned Court without serving notice to the petitioner.
In view of the same, the concerned Station House Officer is directed to serve a copy of report along with notice as envisaged under Section 173 (8) Cr.P.C. within a period of one week from the date of receipt of a copy of this order. It is open for the petitioner to avail alternative remedies available to him under law on the said report.
With the above direction, the writ petition is disposed of. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.
_________________________ A.RAJASHEKER REDDY,J
02-08-2018
Nvl
2
3
2 issues framed by the court
Whether the petition can be allowed to enforce service of notice under Section 173(8) Cr.P.C. before filing the final report.
Whether the respondent police officer violated procedural requirements by filing final report without serving notice to petitioner.
1 provisions across 1 enactments
Petitioner
3rd Respondent
Respondent-Police
Concerned Station House Officer
A RAJASHEKER REDDY
As recorded by the court registry
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