APHC010124362024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 4 ' (Special Original Jurisdiction) MONDAY. THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N ' WRIT PETITION NO: 6558 OF 9n9A -- Between: /Baratam Ratna Mala, W/o B Venkata Govinda Raju, aged about 44 years Occ: Household R/o Flat No. 502 Ibrahimpatnam Mandal, NTR District. Laxmi Enclave, Kondapalle, ...Petitioner AND 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Commissioner of Police, NTR Police Commissionerate. NTR District. 3. Station House Officer, Ibrahimpatnam Police Commissionerate, Ibrahimpatnam; Home Vijayawada Station, NTR Police ...Respondent’s Petition under Article 226 pf the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue Writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the action of may be respondents in not conducting further Investigation in FIR No. 416 of 2022 of Ibrahimpatnam Police Station, resulted In filing charge sheet in GC No. 23 of 2023 under section 338 IPC the file of III rd Metropolitan Magistrate, Vijayawada instead of Section 304-A IPC, as illegal, arbitrary and violative of on principles of natural justice and Section 173 (8) Cr.P.C and consequently direct the respondents to conduct further investigation in FIR No. 416 of 2022 of Ibrahimpatnam Police Station (CC No. 23 of 2023 under section 338 IPC on the file of III Metropolitan Magistrate, Vijayawada) and file additional / supplementary charge sheet. lA NO: 1 OF 2024 Petition under Section 151 GPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to DIRECT the respondents to conduct further investigation in FIR No. 416 of 2022 of Ibrahimpatnam Police Station (C.C. No. 23 of 2023 under section 338 IPC on the file of Ilird Metropolitan Magistrate, Vijayawada) and file additional / supplementary charge sheet, pending disposal of main Writ Petition. Counsel for the Petitioner: SRI GANGISETTI UMA SANKAR Counsel for the Respondent No’s; 1 to 3: GP FOR HOME The Court made the following ORDER: % APHC010124362024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] 0?:' MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 6558/2024 Between: 1.BARATAM RATNA MALA, W/0 B VENKATA GOVINDA RAJU, AGED ABOUT 44 YEARS, OCC HOUSEHOLD, R/0 FLAT NO. 502 LAXMI ENCLAVE, KONDAPALLE, IBRAHIMPATNAM MANDAL, DISTRICT. NTR ...PETITIONER AND 1.THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. NTR POLICE 2.THE COMMISSIONER OF POLICE, COMMISSIONERATE, VIJAYAWADA, NTR DISTRICT. 3.STATION HOUSE OFFICER, IBRAHIMPATNAM POLICE STATION, NTR POLICE COMMISSIONERATE, IBRAHIMPATNAM. ...RESPONDENT(S): 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 topleased to issue Writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in not conducting further investigation in FIR No. 416 of 2022 of Ibrahimpatnam Police Station, resulted in filing charge sheet in CC No. 23 of 2023 under section 338 IPC on the file of 111 rd Metropolitan Magistrate, Vijayawada instead of Section 304-A IPC, as illegal, arbitrary and violative of principles of w 2 natural justice and Section 173 (8) Cr.P.C and consequently direct the respondents to conduct further investigation in FIR No. 416 of 2022 of Ibrahimpatnam Police Station (CC No. 23 of 2023 under section 338 IPC on the file of III rd Metropolitan Magistrate, Vijayawada) and file additional / supplementary charge sheet, and to pass lA NO: 1 OF 2024 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 pleased to DIRECT the respondents to conduct further investigation in FIR No. 416 of 2022 of Ibrahimpatnam Police Station (C.C. No. 23 of 2023 under section 338 IPC on the file of Ilird Metropolitan Magistrate, Vijayawada) and file additional / supplementary charge sheet, pending disposal of main Writ Petition and to pass Counsel for the Petitioner: I.GANGISETTI UMA SANKAR Counsel for the Respondent(S): 1.GP FOR HOME 3 The Court made the following Order: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home, for the respondents. Learned counsel for the petitioner submits that the petitioner is aggrieved by the inaction on the part of the 3^^ respondent in altering section 2. of law from 338 of I PC to 304-A of I PC. It is submitted that the petitioner’s husband met with an accident on 31.05.2022 while the petitioner’s husband was proceeding on a motorcycle from his residence. A tractor, which was carrying load of iron rods hazardously hanging from its trolley and on account of negligent driving of the tractor driver, the iron rods pierced into the irght eye of the petitioner’s husband and he was shifted to Railway Hospital. Thereafter, he was shifted to Global Hospital and then to Andhra Hospital at Vijayawada and subsequently to Yashoda Hospital at Hyderabad. 3. Learned counsel for the petitioner submits that the petitioner’s husband could not recover from the injury and underwent treatment till 14.07.2022, on which date he passed away. The petitioner brought the same to the notice of the Investigating Officer on 07.02.2023 and requested the Investigating Officer to alter the provision of law. It is submitted that there was no response from the Investigating Officer and a charge sheet was filed which wqs taken on file as C.C.No.23 of 2023, for alleged offence under Section 338 of I PC. 4 Learned counsel for the petitioner submits that when the police were informed of the demise of the victim, they ought to have ideally altered 4. i the provision of law. Learned Assistant Government Pleader for Home submits that, 5. charge sheet was filed on 25.01.2023, and that the petitioner has approached the police on 07.02.2023, by which time the charge sheet was already laid before the Court. As the petitioner did not inform the police soon after the demise of the victim, they could not have altered the provision of law. Considering the submissions of learned counsel for the petitioner 6. and learned Assistant Government Pleader, the Investigating Officer in C.C.No.23 of 2023 is hereby directed to file a petition under Section 173(8) of the Cr.P.C. before the concerned Magistrate and obtain necessary directions for further investigation. On obtaining such direction, the provision of law should be altered from Section 338 of IPC to 304-A of IPC. It is made clear that, at any rate, the entire exercise shall be completed within a period of three (03) months from the date of receipt of a copy of this order. 7. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. 8. As a sequel, miscellaneous applications ^p^nding, if any, shall stand closed. Sd/- A VIJAYA BABU ASSISTANT REGISJI^R //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Home Department, State of Andhra Secretariat Buildings, Velagapudi, Guntur District. Pradesh, ■'*-v 2. The Commissioner of Poiice, NTR Police Commissionerate, Vijayawada, NTR District. 3. Station House Officer, Ibrahimpatnam Police Station, NTR Police Commissionerate, Ibrahimpatnam. A One CC to SRI. GANGISETTI UMA SANKAR, Advocate [OPUC] S'. Two CC's to GP FOR HOME, High Court of Andhra Pradesh at Amaravati. [OUT] 6. Three CD Copies PRK HIGH COURT CCTODAY DATED:30/06/2025 ORDER WP 6558/2024 V it 01 JUL 2125 Co/t ★ DISPOSING OF THE W.P. WITHOUT COSTS