Andhra Pradesh High Court - Amravati
Baratam Ratna Mala vs The State Of Ap on 30 June, 2025
APHC010124362024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
4 ' (Special Original Jurisdiction)
MONDAY. THE THIRTIETH DAY OF JUNE
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N '
WRIT PETITION NO: 6558 OF 9n9A --
Between:
/Baratam Ratna Mala, W/o B Venkata Govinda Raju, aged about 44 years
Occ: Household R/o Flat No. 502
Laxmi Enclave, Kondapalle,
Ibrahimpatnam Mandal, NTR District.
...Petitioner
AND
1. The State of Andhra Pradesh, rep.by its Principal Secretary, Home
Department, Secretariat Buildings, Velagapudi, Guntur District.
2. The Commissioner of Police, NTR Police Commissionerate. Vijayawada
NTR District.
3. Station House Officer, Ibrahimpatnam Police Station, NTR Police
Commissionerate, Ibrahimpatnam;
...Respondent's
Petition under Article 226 pf the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue Writ, order or direction particularly one in the nature of WRIT
OF MANDAMUS declaring the action of respondents in not conducting
further Investigation in FIR No. 416 of 2022 of Ibrahimpatnam Police Station,
resulted In filing charge sheet in GC No. 23 of 2023 under section 338 IPC on
the file of III rd Metropolitan Magistrate, Vijayawada instead of Section 304-A
IPC, as illegal, arbitrary and violative of principles of natural justice and
Section 173 (8) Cr.P.C and consequently direct the respondents to conduct
further investigation in FIR No. 416 of 2022 of Ibrahimpatnam Police Station
(CC No. 23 of 2023 under section 338 IPC on the file of III Metropolitan
Magistrate, Vijayawada) and file additional / supplementary charge sheet.
lA NO: 1 OF 2024
Petition under Section 151 GPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased
pleased to DIRECT the respondents to conduct further investigation in FIR
No. 416 of 2022 of Ibrahimpatnam Police Station (C.C. No. 23 of 2023 under
section 338 IPC on the file of Ilird Metropolitan Magistrate, Vijayawada) and
file additional / supplementary charge sheet, pending disposal of main Writ
Petition.
Counsel for the Petitioner: SRI GANGISETTI UMA SANKAR
Counsel for the Respondent No's; 1 to 3: GP FOR HOME
The Court made the following ORDER:
%
APHC010124362024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3457]
0?:' (Special Original Jurisdiction)
MONDAY,THE THIRTIETH DAY OF JUNE
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 6558/2024
Between:
1.BARATAM RATNA MALA, W/0 B VENKATA GOVINDA RAJU, AGED
ABOUT 44 YEARS, OCC HOUSEHOLD, R/0 FLAT NO. 502 LAXMI
ENCLAVE, KONDAPALLE, IBRAHIMPATNAM MANDAL, NTR
DISTRICT.
...PETITIONER
AND
1.THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, HOME
DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI,
GUNTUR DISTRICT.
2.THE COMMISSIONER OF POLICE, NTR POLICE
COMMISSIONERATE, VIJAYAWADA, NTR DISTRICT.
3.STATION HOUSE OFFICER, IBRAHIMPATNAM POLICE STATION,
NTR POLICE COMMISSIONERATE, IBRAHIMPATNAM.
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased topleased to issue Writ, order or direction particularly one in the
nature of WRIT OF MANDAMUS declaring the action of respondents in not
conducting further investigation in FIR No. 416 of 2022 of Ibrahimpatnam
Police Station, resulted in filing charge sheet in CC No. 23 of 2023 under
section 338 IPC on the file of 111 rd Metropolitan Magistrate, Vijayawada
instead of Section 304-A IPC, as illegal, arbitrary and violative of principles of
w
2
natural justice and Section 173 (8) Cr.P.C and consequently direct the
respondents to conduct further investigation in FIR No. 416 of 2022 of
Ibrahimpatnam Police Station (CC No. 23 of 2023 under section 338 IPC on
the file of III rd Metropolitan Magistrate, Vijayawada) and file additional /
supplementary charge sheet, and to pass
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased
pleased to DIRECT the respondents to conduct further investigation in FIR
No. 416 of 2022 of Ibrahimpatnam Police Station (C.C. No. 23 of 2023 under
section 338 IPC on the file of Ilird Metropolitan Magistrate, Vijayawada) and
file additional / supplementary charge sheet, pending disposal of main Writ
Petition and to pass
Counsel for the Petitioner:
I.GANGISETTI UMA SANKAR
Counsel for the Respondent(S):
1.GP FOR HOME
3
The Court made the following Order:
Heard learned counsel for the petitioner and learned Assistant
Government Pleader for Home, for the respondents.
2. Learned counsel for the petitioner submits that the petitioner is
aggrieved by the inaction on the part of the 3^^ respondent in altering section
of law from 338 of I PC to 304-A of I PC. It is submitted that the petitioner's
husband met with an accident on 31.05.2022 while the petitioner's husband
was proceeding on a motorcycle from his residence. A tractor, which was
carrying load of iron rods hazardously hanging from its trolley and on account
of negligent driving of the tractor driver, the iron rods pierced into the irght eye
of the petitioner's husband and he was shifted to Railway Hospital. Thereafter,
he was shifted to Global Hospital and then to Andhra Hospital at Vijayawada
and subsequently to Yashoda Hospital at Hyderabad.
3. Learned counsel for the petitioner submits that the petitioner's
husband could not recover from the injury and underwent treatment till
14.07.2022, on which date he passed away. The petitioner brought the same
to the notice of the Investigating Officer on 07.02.2023 and requested the
Investigating Officer to alter the provision of law. It is submitted that there was
no response from the Investigating Officer and a charge sheet was filed which
wqs taken on file as C.C.No.23 of 2023, for alleged offence under Section 338
of I PC.
4
4. Learned counsel for the petitioner submits that when the police
i
were informed of the demise of the victim, they ought to have ideally altered
the provision of law.
5. Learned Assistant Government Pleader for Home submits that,
charge sheet was filed on 25.01.2023, and that the petitioner has approached
the police on 07.02.2023, by which time the charge sheet was already laid
before the Court. As the petitioner did not inform the police soon after the
demise of the victim, they could not have altered the provision of law.
6. Considering the submissions of learned counsel for the petitioner
and learned Assistant Government Pleader, the Investigating Officer in
C.C.No.23 of 2023 is hereby directed to file a petition under Section 173(8) of
the Cr.P.C. before the concerned Magistrate and obtain necessary directions
for further investigation. On obtaining such direction, the provision of law
should be altered from Section 338 of IPC to 304-A of IPC. It is made clear
that, at any rate, the entire exercise shall be completed within a period of
three (03) months from the date of receipt of a copy of this order.
7. With the above directions, the Writ Petition is disposed of. There
shall be no order as to costs.
8. As a sequel, miscellaneous applications ^p^nding, if any, shall
stand closed.
Sd/- A VIJAYA BABU
//TRUE COPY// ASSISTANT REGISJI^R
To, SECTION OFFICER
1. The Principal Secretary, Home Department, State of Andhra Pradesh,
Secretariat Buildings, Velagapudi, Guntur District.
■'*-v
2. The Commissioner of Poiice, NTR Police Commissionerate, Vijayawada,
NTR District.
3. Station House Officer, Ibrahimpatnam Police Station, NTR Police
Commissionerate, Ibrahimpatnam.
A One CC to SRI. GANGISETTI UMA SANKAR, Advocate [OPUC]
S'. Two CC's to GP FOR HOME, High Court of Andhra Pradesh at Amaravati.
[OUT]
6. Three CD Copies
PRK
HIGH COURT
CCTODAY
DATED:30/06/2025
ORDER
WP 6558/2024 V it 01 JUL 2125 Co/t ★ DISPOSING OF THE W.P. WITHOUT COSTS