THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Appeal No.1583 of 2014
DATED:12.12.2014 Between:
Smt. Sama Uma Lakshmikantham, Machilipatnam, Krishna District and another. And The State of Andhra Pradesh, Represented by its Secretary, Home Department, Hyderabad and others.
… Appellants ….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Appeal No. 1583 of 2014
Judgment: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
The learned trial Judge has dismissed the writ petition whereby, the investigation in connection with an F.I.R. was queried.
It is contended that going by the admitted fact, the Investigating Officer has no power to investigate into the matter and according to the appellants-writ petitioners, the alleged commission of offence has taken place in some other area. But, we think that the learned trial Judge has rightly dismissed the writ petition. We do not want to interfere with the same. However, we clarify that the Investigating Officer will examine whether on reading the F.I.R., he has power to investigate into the matter or not.
The writ appeal is accordingly dismissed.
Consequently, the miscellaneous applications, if any pending, shall also stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 12th December, 2014 Pnb