ORDER:

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief:

“…to issue an appropriate Writ, Order or Direction, one in nature of Writ of Mandamus directing the 2^nd Respondent to transfer the investigation from 4^th Respondent to Crime Branch-Crime Investigation Department (CB-CID) and declare the inaction of the 4^th Respondent in not filing the charge sheet in Crime No.133/2015 since 2 years as illegal, arbitrary and unconstitutional and to pass…”

2. None for the petitioner.

3. Heard Mr.M.Srinivas, learned Assistant Government Pleader for Home appearing for respondents.

4. Learned Assistant Government Pleader for Home submits that Crime No. 133 of 2015 was duly investigated, and upon completion of the investigation, a charge sheet was filed. Consequently, the case was taken on file as Calendar Case No. 404 of 2017 before the learned I Additional Judicial Magistrate of First Class, Mancherial. As of date, the matter is pending trial and is posted for hearing on 14.10.2025. In view of the said development, the contention raised by the petitioner has become infructuous.

5. I have perused the material available on record.

6. The prayer of the petitioner is for transferring the investigation of Crime No. 133 of 2015 to the Crime Branch, Criminal Investigation Department (CBCID). However, as rightly pointed out by the learned Assistant Government Pleader, the record discloses that the investigation has already been completed, and the competent court has taken cognizance of the offence by numbering the case as C.C. No. 404 of 2017. This clearly indicates that the trial court, upon perusal of the charge sheet and supporting material, was satisfied that a prima facie case exists to proceed with the matter.

7. In view of the above factual position and considering that the case has already reached the stage of trial, the request of the petitioner for transfer of investigation at this belated stage is not tenable. Once the court has taken cognizance of the offence and proceedings are underway, the investigation cannot be reopened or transferred, except in exceptional circumstances, which are not made out in the present case.

8. Accordingly, this Court is of the considered view that no further orders are called for in this writ petition. However, the rights of the petitioner are reserved to avail all appropriate remedies available under law before the trial court, if so advised.

9. With these observations, this Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

_______________ N.TUKARAMJI, J

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