Dasari Satyamaiah, v. The Government Of Andhra Pradesh,
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.670 OF 2012 ORDER:
This writ petition is filed seeking writ of mandamus declaring the action of the respondents in not transferring investigation in Cr.No.59 of 2011 on the file of Kanaganapalli P.S, Kanaganapalli, Anantapur District to CBI/CBCID as illegal and arbitrary.
It is the case of the petitioner that there is no proper investigation on the part of the respondents. Counter affidavit is filed by the 4th respondent stating that investigation is completed and charge sheet was filed against the accused A1 to A22 (deleting the names of A4 and A6) before the Judicial Magistrate of First Class at Dharmavaram for the offences punishable under Sections 147, 148, 307, 302, 120(b), 109, 212 r/w 149 IPC and Section 25(1) (b) of Arms Act on 18.01.2012 and same was taken on file vide PRC No.1 of 2012 and it is yet to be committed to Sessions.
As on today, no stay is granted by this Court. When once investigation is completed and charge sheet is filed against the accused, the question of transfer of First Information Report does not arise, as such, no relief can be granted in this writ petition. However, it is open for the petitioner to take steps in accordance with law, if he is aggrieved by the action of the respondents in deleting the names of the A4 and A6.
Accordingly, this writ petition is dismissed. There shall be no order as to costs. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand dismissed. _________________________ A.RAJASHEKER REDDY,J 15-06-2017 kvs
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION Nos.670 OF 2012 Date: 15.06.2017 kvs