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2023 DIGILAW 904 (AP)

Tandasi Hemalatha v. State of Andhra Pradesh

2023-06-19

K.SREENIVASA REDDY

body2023
ORDER : This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; “….to issue a direction or order more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent Police Authorities especially Respondents No. 2 and 3 in not taking action on petitioner’s representation dated 01.05. 2023 in not registering proper FIR in correspondence with the facts mentioned in the written report dated 30.04.2023 on the basis of which incomplete FIR vide Crime No.89/2023 dated 30.04.2023 has been registered and also in not properly investigating the case by not seizing the concerned JCB vide JCB No. AP30K3528 involved in such illegal and coercive acts of demolition of the petitioners compound wall as mentioned in the said written report dated 30.04.2023 as illegal, arbitrary against principles of natural justice in violation of Criminal Procedure Code and also in violation of Articles 14 and 21 of the Constitution of India and consequently direct the Respondent Authorities to consider petitioner’s representation dated 01.05.2023 to conduct proper investigation by seizing the concerned JCB vide JCB No. AP30K3528 and by adding relevant sections i.e., Sections 307 and Section 354-B of Indian Penal Code in the said FIR in Crime No. 89/2023, dated 30.04.2023 in correspondence with the written report dated 30.04.2023 on the basis of which the said Crime No 89/2023 dated 30.04.2023 was registered and to pass…” 2. Grievance of the petitioner is that at about 1.00 a.m., on the night of 29.4.2023, one Dalinayudu came with 20 others and also a JCB bearing NO.AP30K3528 and started demolishing compound wall of flats. Then, she woke from sleep and questioned Dalinayudu and others. Then the said Dalinayudu threatened her with deadly weapons and also pushed her by placing his hand on her chest and abused her in filthy language. When her husband tried to intervene, he too was necked out by him. Hence, she gave report to police on 30.4.2023. Then, she woke from sleep and questioned Dalinayudu and others. Then the said Dalinayudu threatened her with deadly weapons and also pushed her by placing his hand on her chest and abused her in filthy language. When her husband tried to intervene, he too was necked out by him. Hence, she gave report to police on 30.4.2023. The police registered a case and issued FIR only for the offences punishable under Sections 447, 427 and 509 r/w 34 IPC only, but not for the offences punishable under Sections 307 and 354-B IPC, Hence, the present writ petition praying this Court to direct the respondent authorities to add the offences punishable under Sections 307 and 354-B IPC and also direct the respondent authorities to seize JCB bearing NO.AP30K3528 used for demolition of the wall. 3. This Court cannot go through the allegations in FIR to know whether there is any ambiguity and that whether the accused pushed the petitioner and others at the alleged scene of offence and whether there was any criminal trespass etc. This is not the stage, especially when the case is under investigation, to direct the police to register the FIR or add the Sections 307 and 354-B IPC in the FIR. It is for the investigating officer to find out whether the said offences are also made out or not and it can be culled out on completion of investigation. Further, the trial Court also can frame charges for the said offences if the material placed before it discloses commission of the said offences. Now at this stage, it is too premature to direct the police to register the case for the said offences punishable under Sections 307 and 354-B IPC. The petitioner thus can avail an opportunity at the stage of framing of charges before the trial Court. 4. With the above observation, this Writ Petition is closed. No costs. Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.