Smt. N. Anupama, v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.16226 of 2015 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, came to be filed seeking to direct the transfer of investigation in crime No.381 of 2014 of III Town Police Station, Nellore, to any other independent and impartial agency.

Heard the learned counsel for the petitioner as well as the learned Assistant Government Pleader for Home. With their consent, the Writ Petition is disposed of at the stage of admission itself. The grievance of the petitioner appears to be that the Police are not acting independently while investigating into crime No.381 of 2014 and the investigation conducted is tainted as it was done in collusion with the rival group.

The same is opposed by the learned AGP stating that the entire investigation in crime No.381 of 2014 is completed and charge sheet is also filed.

The said fact is seriously disputed by the learned counsel for the petitioner. According to him, the charge sheet is not yet filed before the concerned Criminal Court. He further submits that the approval of the Superintendent of Police may be taken, before filing of charge sheet, so as to avoid any lacunae in the final report. Having regard to the facts in issue and rival submissions made, the Writ Petition is disposed of directing the respondents-Police to file final report, if not already filed, after taking approval from the Superintendent of Police, Nellore.

Miscellaneous petitions pending in this writ petition, if any, shall stand closed. No costs.

________________________ C. PRAVEEN KUMAR, J 11.07.2017 sur