Dismissing a writ petition seeking mandamus to direct police to alter FIR sections, the Court found the case ended in acquittal and no further cause survived.
Petition dismissed with no costs; miscellaneous petitions 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.
THE HONOURABLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.5334 of 2014
ORDER:
There is no representation on behalf of the petitioner.
The prayer in the writ petition is as follows:
“….. to issue a writ or order more particularly one in the nature of writ of mandamus to declaring the action of the 4th respondent in not altering the Sections 323, 324, 506 and 34 IPC to Section 307 IPC in FIR No,69 of 2014 dated 13-2-2014 on the file of Pahadi Shareef P.S., Rangareddy District, basing on the petitioner written complaint dated 13-2-2014 and also medical reports in FIR No.69 of 2014 dated 13-2-2014 on the file of the 4th respondent as illegal, arbitrary and unjust and consequential directions to the respondents 2 to 4 to alter the sections 323, 324, 506 and 34 IPC to Section 307 IPC in FIR No.69 of 2014 dated 13-2-2014 on the file of Pahadi Shareef P.S., Rangareddy District and to pass such other order or orders…...”
Learned Government Pleader appearing for the respondent Nos.1 to 4 placed on record written instructions dated 06.11.2019. From perusal of said written instructions, it is revealed that some quarrel took place between the complainant and the accused with regard to land and accused No.1 has beat the complainant, due to which he sustained injuries and said injuries were simple in nature and they are not on vital parts of the body. Therefore Section 324 IPC is attracted. Since there are no ingredients to alter Sections 323, 324, 506 r/w 34 IPC to Section 307 IPC in the FIR. After investigation, charge sheet was also filed before the learned XIV Metropolitan Magistrate, Cyberabad and the case ended in acquittal on 28.12.2016 vide CC.No.296 of 2014.
2
In view of the said facts and circumstances, this Court is of the opinion that no further cause would survive in this writ petition.
Accordingly, this Writ Petition is dismissed. No costs. Miscellaneous petitions pending, if any, shall stand closed.
_____________________________ JUSTICE P. KESHAVA RAO
Date: 07.11.2019 ska
3
THE HONOURABLE SRI JUSTICE P. KESHAVA RAO
Writ Petition No.5334 of 2014
Date: 07.11.2019
ska
1 issue framed by the court
Whether the police action of not upgrading the offense sections in the FIR was illegal or arbitrary requiring judicial intervention via writ of mandamus.
Petitioner
Respondents 1 to 4
P. Keshava Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
