Telangana High Court
Dypa Nagajyothi, vs The State Of Telangana, on 25 July, 2023
HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
W.P.No.16192 of 2023
ORDER:
This writ petition is filed seeking the following relief:
".......to issue an order or direction more particularly one in the nature of Writ of Mandamus, declaring that the action of the respondent No 4 in not enquiring the FIR No.137/2023, dated 25/05/2023 U/s 306 R/w 34 IPC upon the complaint dated 25.05.2023 made by the petitioner even after the accused names are mentioned in the complaint dated 25.05.2023 as illegal, arbitrary, unlawful and violative of Articles 14, 19, 21 and 300A of the Constitution of India and the provisions of Criminal Procedure Code and to pass such other order or orders...."
2. Heard Sri Ch.Venkat Raman, learned counsel appearing for the petitioner and learned Assistant Government Pleader for Home appearing for respondents.
3. It is the case of the petitioner that she is the wife of the deceased one late Rajender. Her husband committed suicide on 25.05.2023. The respondent-Police have registered a case in Crime No.137 of 2023 under Section 174 Cr.P.C.
4. Learned counsel for the petitioner submits that the Police instead of registering a crime under Section 306 2 r/w 34 IPC have registered a crime under Section 174 Cr.P.C. and there is sufficient material available in the hands of investigating agency to state that it is not a suicide but it is abetment to commit suicide and attract provisions of Section 306 IPC. Even though such material is available, the respondent-Police intentionally are not conducting fair investigation by registering the crime.
5. Learned Assistant Government Pleader for Home appearing for respondents submits that the investigating authority has conducted fair investigation basing on the material available and have registered a crime in FIR No.137 of 2023 under Section 174 Cr.P.C. and if the petitioner submits any additional evidence in respect of the offence, the respondent-Police would take appropriate action under Section 173(8) Cr.P.C for sending further report to the Magistrate. He further submitted that under Section 216 of Cr.P.C, the Court is Competent to alter or add to any charge at any time before judgment is pronounced. Further, it is also stated that under Section 319 of Cr.P.C., the Court is competent where, in the course of any inquiry into, or trial of, an offence, it 3 appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed.
6. Referring to the above provisions, learned Assistant Government Pleader for Home submitted that the petitioner is entitled to file appropriate application before the concerned Court for altering or adding the charges and the concerned Court is having power to examine the same in accordance with law.
7. In view of the aforesaid facts and circumstances of the case, this Court deems it appropriate to dispose of the writ petition by directing the petitioner to file appropriate application before the concerned Court for alteration of charges in Crime No.137 of 2023, dated 25.05.2023. On such application being filed by the petitioner, learned Magistrate is directed to examine the same and pass appropriate orders in accordance with law. 4
8. With the above direction, the writ petition is disposed of. No costs.
As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
________________________________ JUSTICE C.V.BHASKAR REDDY Date: 25-07-2023 vsl 5 111 HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.16192 of 2023 25-07-2023 vsl