Libertatem Magazine

Andhra Pradesh HC Disposes of Writ Petition Challenging an Incomplete Investigation

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A single-judge bench consisting of honorable justice Cheekati Manavendranath Roy gave orders on the writ petition filed by the petitioner. The case consists of 3 respondents, the state of Andhra Pradesh, the superintendent of police, and the station house officer. The writ petition challenged the incomplete investigation done by the station house officer in crime no. 66/2019.

Facts 

In this case, a report was lodged by the petitioner with the 3rd respondent-station house officer, Pullalacheruvu police station of Prakasam district. A case was registered in crime no. 66/2019 for the offenses punishable under section 447 and 506 read with section 34 of IPC. The petitioner filed the writ petition and mentioned that the police or Station House Officer did not complete the investigation in the crime registered and a charge-sheet was also not filed in the case. Therefore, the writ petition was filed by the petitioner challenging the inaction on the part of respondent no. 3, requesting the court to direct the necessary authorities to complete the investigation.

Petitioner’s submission 

The learned counsel for the petitioner submitted before the court that the inaction on the part of respondent no.3, station house officer for filing charge-sheet is unacceptable and illegal. Therefore, the petitioner’s counsel appealed before this Hon’ble Court seeking directions to the respondent no. 3 to complete the investigation in crime no. 66/2019.

Respondent’s submission 

From the respondent’s side learned government pleader for home, on instructions by the court submitted that the investigating officer has completed the entire investigation in this case. The dispute in the case is of civil nature and before filing a charge-sheet of the case, the station house officer (respondent no. 3) has to take permission from the higher officials, and only then can a final report be submitted.

Court’s Decision 

After taking into consideration the submissions put forth by the parties, the Court observed that the investigation in the case is completed by the respondent no. a 3-station house officer and a final report is about to be filed after seeking permission from the higher officials. In light of the abovementioned circumstances, the Court disposed of the writ petition along with pending applications, if any, in relation to the present matter.

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