APHC010301022019 sr^' IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) S TUESDAY,THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 13913 OF 2019 Between: Smt. Nagamma Panchala, W/o. Late Pedda Dastagiraiah, Aged about 55 Years, Occ: Residing at M. V. Nagar, Allagadda Town and Mandal, Kurnool District - 518543 ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Home Department, Secretariat Bldgs.,Velagapudi, Amaravathi, Guntur District. 2. The Director General of Police, State of Andhra Pradesh, Guntur District, Andhra Pradesh. 3. The Superintendent of Police, Kurnool, Kurnool District. 4. The Deputy Superintendent of Police, Alagadda Town and Mandal, Kurnool, Kurnool District. 5. The Station House Officer, P. S. Allagadda Town, Kurnool District. 6. B. H. Viswanath, S/o. Hussainaiah, Aged about 45 Years, R/o: Teacher, Ziiiaparishad High School, Deepakuntia Village, Gospadu Mandal, Kurnool District ...RESPONDENTS 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 to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2""^ , 3'''^ and 4*^ respondents in not considering the representation dated 16/02/2019 given by the petitioner, as illegal, arbitrary and is in violation of Articles 14, 19 and 21 of the Constitution of India, consequently direct the 2nd respondent to consider the representation of the Petitioner dated 16/02/2019 and include the name of the 6‘^ Respondent as accused by altering the relevant columns of Charge Sheet dated 13/08/2018, Consequently direct the respondents to appoint some other investigating officer who is un biased-. lA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 3 to 5 respondents to consider the representation of the Petitioner dated 16/02/2019 and pass appropriate orders by altering relavent columns of chargesheet, pending disposal of the above writ petition. Counsel for the Petitioner: SRI V. NITESH Counsel for the Respondent Nos.1 to 5: GP FOR HOME Counsel for the Respondent No.6:SRI ASHOK KONDETI The Court made the following order: I APHC010301022019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE [3368] PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION No: 13913/2019 Between: 1.SMT NAGAMMA PANCHALA,, W/0 LATE PEDDA DASTAGIRAIAH, AGED ABOUT S5YEARS, OCC- RESIDING AT M. V. NAGAR, ALLAGADDA TOWN AND MANDAL, KURNOOL DISTRICT - 518543 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT' BLDGS.,VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH GUNTUR DISTRICT. ANDHRA PRADESH. 3.THE SUPERINTENDENT OF POLICE, KURNOOL KURNOOL DISTRICT. 4.THE DEPUTY SUPERINTENDENT OF POLICE, ALAGADDA TOWN AND MANDAL, KURNOOL , KURNOOL DISTRICT. 5.THE STATION HOUSE OFFICER, P. S. ALLAGADDA TOWN, KURNOOL DISTRICT. 6.B H VISWANATH, S/0 HUSSAINAIAH, AGED ABOUT 45 YEARS, R/0- TEACHER, ZILLAPARISHAD HIGH SCHOOL, DEEPAKUNTLA VILLAGE, KURNOOL DISTRICT. GOSPADU MANDAL, ...RESPONDENT(S): 2 Counsel for the Petitioner(S): 1.VNITESH Counsel for the Respondent(S): 1.GP FOR HOME (AP) 2.ASHOK KONDETI The Court made the following: - 3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.13913 OF 2019 r ORDER: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief: "....to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd , 3rd and 4th respondents in not consideringthe representation dated 16/02/2019 given by the petitioner, as illegal, arbitrary and is in violation of Articles 14, 19 and 21 of the Constitution of India, consequently direct the 2nd respondent to consider the representation of the Petitioner dated 16/02/2019 and include the name of the 6th Respondent as accused by altering the relevant columns of Charge Sheet dated 13/08/2018, Consequently direct the respondents to appoint some other investigating officer who is unbiased ..." 2. Heard Sri V.Nitesh, learned counsel for the writ petitioner. th learned Asst. Govt. Pleader for Home and learned counsel for the 6 respondent. The writ petition is filed to direct the 2"'^ respondent to consider 3. the representation of the petitioner dated 16.02.2019 to include the name of the 6'*^ respondent as one of the accused in the charge sheet filed by the police on 13.08.2019 before the Magistrate. 4 The contention of the writ petitioner is that the respondents No.3 4. to 5 did not consider the representation given by the petitioner on 16.02.2019, to include the respondent as one of the accused in C.C.458/2018 on the file of Judicial Magistrate of First Class, Allagadda, Kurnool District, relating to Cr.No.77/2018 of Allagadda Town Police Station. The record would show that police registered FIR on 09.07.2018 5. basing on the representation presented by the writ petitioner vide Cr.No.77/2018 of Allagadda Town Police Station. The contention of the petitioner is that the unofficial respondent drove the vehicle at the time of accident. The FIR did not disclose any allegation against the unofficial respondent that he drove the vehicle at the time of accident. The 5^^ respondent conducted investigation basing on the FIR and laid report before the jurisdictional Magistrate on 30.07.2018. It is not the case of the writ petitioner that she submitted representation to the 5*^ respondent during investigation and before filing charge sheet that Admittedly, the writ the unofficial respondent drove the vehi'cle. petitioner made representation to the respondents No.3 to 5 on 16.02.2019 after the Magistrate took cognizance of the offence vide C.C.No.458/2018. The writ petitioner did not file any objections or application before the jurisdictional Magistrate seeking further investigation stating 6. 5 that police did not conduct proper investigation. The learned counsel for the writ petitioner made attempt to argue that petitioner could not file objections before the Magistrate, as no notice was issued to the writ petitioner. It is pertinent to note down that the petitioner did not file any objections or application before the Magistrate seeking further investigation, even after coming to know about the filing of report by the police before the Magistrate U/s. 173(2) Cr.P.C. Therefore, it is established that the writ petitioner did not avail the remedy available under Code of Criminal Procedure to file objections or application before the Magistrate seeking further investigation in the case. On the other hand, she filed the writ petition seeking direction to the 2"^ respondent i.e.. Director General of Police, Andhra Pradesh, to consider her representation to include the name of the unofficial respondent. 7. The matter now pending before the learned Magistrate, as the Magistrate took cognizance of the offence, basing on the police report and registered the same as C.C.458/2018, which is pending for trial. 8. 9. The facts and circumstances of the case would disclose that the writ petitioner did not file any objections on the police report, even after she came to know about filing of report by the police before the Magistrate. Therefore, the-writ petitioner shall approach the Magistrate 6 5# U/s.156(3) Cr.P.C. for necessary relief in accordance with law, if the petitioner is aggrieved by the police report in the case, before the Magistrate. The Hon’ble Supreme Court in the case of M.Subramniam and another Vs. S.Janaki and another^ observed that "if any person aggrieved with investigation made by the police is not proper, such approach the Magistrate U/s. 156(3) Cr.P.C. and if the Magistrate is satisfied, he can order a proper investigation and take other suitable steps and pass such orders, as he thinks necessary for ensuring proper investigation, and the powers of the Magistrate U/s. 156(3) Cr.P.C: is vide enough to include the power to order registration of an FIR, proper investigation if the Magistrate is satisfied investigation has not been done, and all such incidental powers as are necessary for ensuring a proper investigation". the light of foregoing discussion, the petitioner has to approach the jurisdictional Magistrate, if she feels that police did not conduct proper investigation in the case. 10. IS person can as proper 11. In In that view of the matter, this Court is of the considered opinion that the writ petition can be disposed of, giving liberty to the writ petitioner to approach the jurisdictional Magistrate U/s. 156(3) Cr.P.C. for necessary relief in accordance with law. 12. 1 2020 see Online SC 341 7 13. Accordingly, the writ petition is disposed of. The writ petitioner is at liberty to approach the jurisdictional Magistrate U/s. 156(3) Cr.P.C. K by filing necessary application in accordance with law. On filing such application by the writ petitioner, the Magistrate without influenced by the observations in this order, shall dispose of the same as expeditiously as possible, in accordance with law. There shall be no order as to costs. As a sequel thereto, interlocutory applications, if any, pending in this Writ Petition shall stand closed. Sd/- G. SRINIVAS REDDY DEPUTY REGISTRAR / //TRUE COPY// / SECTION OFFICER To Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat Bldgs., Velagapudi, Amaravathi, Guntur District. General of Police, State of Andhra Pradesh, Guntur 1. The 2. The Director District, Andhra Pradesh. 3. The Superintendent of Police, Kurnool, Kurnool District. 4. The Kurnool, Kurnool District. 5. The Station House Officer, P. S. Allagadda Town, Kurnool District. 6. One CC to Sri V. Nitesh, Advocate [OPUC] 7. One CC to Sri Ashok Kondeti, Advocate [OPUC] 8. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] Deputy Superintendent of Police, Alagadda Town and Mandal, 9. Two CD Copies. ssb I 0 HIGH COURT DATED:28/10/2025 I ORDER WP No. 13913 OF 2019 i 1 DISPOSING OF THE W.P. WITHOUT COSTS I