THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WP No. 34953 of 2014 Date of Judgment: 22.12.2014 Between:
Penumala Asha Jyothi And The Government of AP and others …Petitioner ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WP No. 34953 of 2014 ORDER:
Heard learned counsel for the parties.
This writ petition is filed by the petitioner alleging that the investigation in Cr.No. 17 of 2011 under Sections 307, 506, 509 r/w. 34 IPC and Section 3 (1) (xii) of SC & ST (POA) Act, 1989 of PS Veligondla PS, Prakasam district conducted by the respondent Nos. 2 and 3 is not satisfactory and she has already requested the respondent No.1 to transfer the investigation to CBI or any other competent investigating agency.
Learned Government Pleader for Home, on instructions, submits that on the complaint made by the petitioner, the police registered the above crime and had already completed the investigation by examining 25 witnesses and recording statements of witnesses under Section 164 Cr.P.C. by JFCM, Kanigiri and filed a charge sheet on 14.3.2012, which was taken on file as PRC No. 10 of 2012 and committed to the Court of Sessions and it is now pending trial before the Court of VII-Addl. District Judge-cum-SC & ST Court, Ongole vide SC No. 19 of 2012 and the said case now stands posted to 10.12.2014 for fixing the schedule. It is also stated that against the accused persons rowdy sheets were also opened on 21.10.2011 being rowdy sheet Nos. 2, 3, 4 and 5 and they are continued.
I am of the opinion that since the matter is pending trial and adjudication before the VII-Addl. District Judge-cum-SC & ST Court, Ongole vide SC No. 19 of 2012, the relief sought for by the petitioner can only be considered by the said Court including her grievance that one of the main accused was omitted from the array of the accused while registering the FIR and filing the charge sheet. The petitioner is, therefore, at liberty to raise her grievance, if any, with regard to the investigation part before the said Court which can look into the same in accordance with law.
The writ petition is accordingly disposed of. Miscellaneous applications, if any, shall stand closed. No order as to costs.
VILAS V. AFZULPURKAR, J Dt. 22.12.2014 KR