Salam Bin Dubai v. The State Of Andhra Pradesh,

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.

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

THE HONOURABLE SRI JUSTICE P. KESHAVA RAO Writ Petition No.5334 of 2014 Date: 07.11.2019 ska