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K. MANMADHA RAO
Kiran Tirumalasetti, S/o Late Suryachandra Rao – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
This writ petition is filed declaring the action of the respondents in filing charge sheet in FIR No.110 of 2014 on the file of P.G Ghantasala, Krishna District, without conducting proper investigation more particularly without collecting/ mentioning the call data of the accused arrayed therein and in not conducted investigation a fair and transparent manner right from the stage of registering the crime as illegal and arbitrary. Consequently to direct the respondents No.3 to 6 to conduct further investigation in FIR No.110 of 2014 dated 22.7.2014 on the file of Ghantasala police station, Krishna District.
2. The facts of the case are that the father of the petitioner was brutally murdered by one Venkata Nageswara Rao @ Raja and others on 22.6.2014 at 14.00 hrs. In the year 1992, the junior paternal uncle of the said Venkata Nageswara Rao was murdered by Lingineni Nageswara Rao. It is further stated that, on 22.6.2014 the police registered a case in FIR No.110 of 2014 under Section 302 IPC on the complaint given by the mother of the petitioner. After obtaining the certified copies and after analyzing all the aspects, the petitioner was able to sense that the investigation is n
The court affirmed that further investigation is permissible under Section 173(8) CrPC even after a charge sheet is filed, ensuring a fair and just investigation.
Further investigation – Whether further investigation should or should not be ordered is within discretion of Magistrate who will exercise such discretion on facts of each case and in accordance with....
The court emphasized that further investigation must be justified by new evidence or deficiencies in the prior investigation, and the discretion to order it lies with the Magistrate based on case fac....
The investigation must be unbiased, honest, and just, and fair investigation is a part of the constitutional rights guaranteed under Articles 20 and 21 of the Constitution of India. The power to dire....
The accused has no right to seek further investigation after a charge sheet is filed, and discrepancies in evidence are to be resolved at trial.
The court affirmed that thorough investigations were conducted, finding no deficiencies or evidence of foul play, thus denying the request for re-investigation.
A Magistrate cannot order further investigation after charges are framed; this power exists only at the pre-cognizance stage to ensure a fair investigation.
Further investigation without prior court permission is valid under Section 173(8) of CrPC, and such investigation does not violate the principle of double jeopardy under Article 20(2) of the Constit....
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