Mekala Govinda Reddy v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 6658 of 2017 ORDER:

This writ petition is filed challenging the action of respondent No.4-Station House Officer-cum-Investigation Officer, Kondepi Police Station, Prakasam District, in altering the provision of law from Section 307 I.P.C. to Section 324 I.P.C. in FIR No.6 of 2017 registered against respondent No.5 herein.

Sri A.Satya Prasad, learned Senior Counsel appearing for the petitioner, submits that initially FIR No.6 of 2017 was registered under Section 307 I.P.C. by respondent No.4 and respondent No.5 was arrested on 20.01.2017. When the wife of respondent No.5 lodged a complaint on 20.01.2017 against the petitioner, the same was registered as Crime No.7 of 2017 under Section 354 I.P.C. However, respondent No.4 filed a memo before the learned Additional Judicial Magistrate of First Class, Kandukuru, on 24.01.2017 for altering the provision of law from Section 307 I.P.C. to Section 324 I.P.C. in Crime No.6 of 2017. Learned Senior Counsel further submits that based on such alteration, respondent No.5 was granted bail by the learned VII Additional District and Sessions Judge, Ongole.

Learned Government Pleader for Home submits that after recording the statements of 16 witnesses, the Investigating Officer felt it proper to alter the provision of law from Section 307 I.P.C. to Section 324 I.P.C.

If the petitioner is having any grievance with regard to the alteration of Section of law, he shall approach the learned Magistrate before whom the memo is filed, and the learned Magistrate, who is having entire record, will be in a better position to appreciate the justification for alteration of Section of law. This is not one of the rarest of rare cases, where this Court has to exercise jurisdiction under Article 226 of the Constitution of India, to interfere with the investigation process.

In the circumstances, the writ petition is disposed of giving liberty to the petitioner to approach the Magistrate concerned raising objection with regard to the alteration of Section of law. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ________________________ A.RAMALINGESWARA RAO,J Dt:08.03.2017 kdl