THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.24975 OF 2023

O R D E R:

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

“…to issue an order, direction, writ, more particularly Writ of Mandamus declaring the action of the Respondent No.4 in not conducting proper investigation pursuant to the complaint dated 16/02/2023 and further action of the Respondent No.4 in filing charge sheet in C.C.No.405 of 2023 on the file of Judicial First Class Magistrate at Narsampet under section 341, 290, 323, 506 of IPC, without invoking Section 353, 307 of IPC and also showing Respondent No.6 as witness as LW5 in the Charge Sheet as illegal, improper, unjust and contrary to law and further direct the Respondent No.4 to file supplementary charge sheet or alter the section of law that under Section 307, 353IPC in C.C.No.405 of 2023 on the file of Judicial First Class Magistrate at Narsampet and pass..….”

2. Heard Mr.V.Yadu Krishna Sainath, learned counsel representing Mr.K.Kiran Mayee, learned counsel for the petitioner and Mr.R.Laxmikanth Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 4.

3. Learned counsel for the petitioner would contested that the respondent police authorities failed to conduct proper investigation in the crime, which was subsequently numbered as C.C.No.405 of 2023, this petition was filed seeking appropriate directions to the respondent authorities.

4. Learned Assistant Government Pleader for Home would submit that, the contention of improper investigation has to be placed before the Court concerned and should have availed appropriate remedies available under Cr.P.C/BNSS and without availing such remedies seeking a direction for further investigation in this petition, is not legally sustainable.

5. I have perused the materials on record.

6. Having considered the prayer and the contention that, investigation has not been properly conduced and the stage of the crime proceedings that, after filing charge sheet, calendar case is also numbered and the petitioner without availing the statutory remedies available under Cr.P.C/BNSS for further investigation/directly approaching this Court for seeking direction for proper investigation, is found improper. In this view, this petition stands not maintainable. However, the rights of the petitioner are reserved to pursue his remedy before the appropriate Court as per law, if cause survives.

7. Accordingly, this petition is dismissed as not maintainable.

There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

________________ N.TUKARAMJI, J Date: 09.09.2025 mmr