Shaik Khadir Rahaman @ Muthi Khaleel-ur-Rahaman v. The State of Andhra Pradesh

Sri Y Venkateswarlu, the then Inspector of Police,'Mydukur (U/G) P.S. Now working Department, Intelligence Office, Nandyal, Nandyal District, Sri Dr V.Mallesh, the then Medical Officer, Primary Health Centre, MydUkur. Now working as Medical Officer, Primary Health Centre, Ontimitta, YSR Kadapa District. Intelligence Police,

#8. The Sub-Divisional Police Officer, Mydukur, YSR Kadapa District. RR8 is suo-moto impleaded as per Court’s Order dated: 19/12/2022 \ ...RESPONDENTS ‘ ' .Petition under Article 226 of the Constitution of India praying that in the circymstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or a direction or a writ, more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the respondent Nos.1 to 3 in not ordering for initiating further investigation in Crime 'No. 97 of 2013 of Mydukur (U/G) P.S (P.R.C. No. 34 of 2017 on the file of the learned Judicial Magistrate of First Class court, Mydukur and S.C. No. 380 of 2018 on the file of the learned Assistant Sessions Judge's Court, Proddatur) and in not filing further charge sheet in the said crime as illegal, arbitrary, and against the law, and to direct the Respondent Nos.1 to 3 to for conducting further investigation and to file further charge sheet in the said crime, apart from directing the Respondent Nos.1 to 3 to register a criminal case against the Respondent Nos. 5 to 7 for commission of the illegal acts. lA No: 1 OF 2022 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 may be pleased to grant stay of all further proceedings in S.C. No. 380 of 2018 on the file of the learned Assistant Sessions Judge's Court, Proddatur, arising out of P.R.C.No.34 of 2017 on the of the learned Judicial Magistrate of First Class Court, Mydukur in connection with Crime No.97 of 2013 of Mydukur (U/G) P.S pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI SYED KALEEMULLA Counsel for the Respondent Nos.1 to 6 & 8: SRI V.FAROOQ, ASST.GP FOR HOME Counsel for the Respondent No.7: GP FOR PRIMARY HEALTH CENTER The Court made the following order: APHC0106S5532022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTYFIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 39581/2022 Between:

1.SHAIK KHADIR RAHAMAN/MUTHI KHALEEL UR RAHAMAN, S/0 MABU BASHA, AGED ABOUT 45 YEARS, PRIEST, RESIDENT OF UDAYAGIRI COLONY, MYDUKUR TOWN AND MUSLIM, MANDAL, YSR KADAPA DISTRICT. ...PETITIONER AND

1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI.

2.THE DIRECTOR GENERAL OF POLICE, A.P. POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT.

3.THE SUPERINTENDENT OF POLICE, KADAPA, YSR KADAPA DISTRICT.

4.THE S H O, MYDUKUR (U/G) P.S., YSR KADAPA DISTRICT.

5.SRI B SIVA REDDY, THE THEN INSPECTOR OF POLICE, MYDUKUR (U/G) P.S. NOW WORKING AS SUB-DIVISIONAL POLICE OFFICER, KADAPA, YSR KADAPA DISTRICT.

6.SRI Y VENKATESWARLU, THE THEN INSPECTOR OF POLICE, MYDUKUR (U/G) P.S. NOW WORKING AS INSPECTOR OF POLICE, INTELLIGENCE DEPARTMENT, INTELLIGENCE OFFICE, NANDYAL, NANDYAL DISTRICT, 2

7.SRI DR V MALLESH, THE THEN MEDICAL health centre, mydukur. now working AS MEDICAL OFFICER, PRIMARY HEALTH CENTRE, ONTIMITTA, YSR KADAPA DISTRICT. OFFICER, PRIMARY

8.THE SUB DIVISIONAL POLICE OFFICER, MYDUKUR, YSR KADAPA AS PER CO DT DISTRICT RR8 IS SUO MOTO IMPLEADED 19/12/2022 ...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 tomay be pleased to issue an order or adirection or a writ particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent Nos. 1 to 3 in not ordering for initiating further investigation in Crime 'No. 97 of 2013 of Mydukur (U/G) P.S (P.R.C. No. 34 of 2017 on the file of the learned Judicial Magistrate of First Class court, Mydukur and S.C. No. 380 of 2018 on the file of the learned Assistant Sessions Judge's Court, Proddatur) and in not filing further charge sheet in the said crime as illegal! arbitrary, and against the law, and to direct the Respondent Nos. 1 to 3 to for conducting further investigation and to file further charge sheet in the said crime, apart from directing the Respondent Nos. 1 to 3 to register a criminal case against the Respondent Nos. 5 to 7 for commission of the illegal acts, lA NO: 1 OF 2022 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 may be pleased to grant stay of all further proceedings in S.C. No. 380 of 2018 on the file of the learned Assistant Sessions Judge's Court, Proddatur arising out of P.R.C.INo. 34 of 2017 on the file of the learned Judicial Magistrate of First Class Court, Mydukur in connection with Crime No. 97 of 2013 of Mydukur (U/G) P.S pending disposal of the above writ petition, and to pass such Counsel for the Petitioner:

1.KALEEMULLAS Counsel for the Respondent(S):

1.GP FOR HOME f ORDER: 3 This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for; “...to issue an order or a direction or a writ, more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent Nos. 1 to 3 in not ordering for initiating further investigation in Crime 'No. 97 of 2013 of Mydukur (U/G) P.S (P.R.C. No. 34 of 2017 on the file of the learned Judicial Magistrate of First Class court, Mydukur and S.C. No. 380 of 2018 on the file of the learned Assistant Sessions Judge's Court, Proddatur) and in not filing further charge sheet in the said crime as illegal, arbitrary, and against the law, and to direct the Respondent Nos. 1 to 3 to for conducting further investigation and to file further charge sheet in the said crime, apart from directing the Respondent Nos. 1 to 3 to register a criminal case against the Respondent Nos. 5 to 7 for commission of the illegal acts, and to pass such ”

#2. Heard Sri Kaleemulla.S, learned Counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for respondents.

#3. Learned counsel for the petitioner would submit that on 04.03.2013, the petitioner reported before the police that he was attacked by 37 members and he sustained severe injuries. Based on the report of the petitioner, the police registered Crime No. 97 of 2013 of Mydukur (U/G) Police Station for the offences under 148, 448, 427, 324, 307,153-A IPC against the accused. During the course of investigation, the police left out important and relevant fact that the petitioner was initially admitted in RIMS, Kadapa and was referred to SVIMS, Tirupati. Subsequently, the petitioner was sent back to RIMS Hospital for treatment. While he was being treated at RIMS, Kadapa, the 4 doctors sutured his head with 36 stitches and inserted rods in his fractured hand. The petitioner was admitted as in-patient in RIMS, Kadapa from

05.03.2013 to 01.04.2013 and he was discharged on 01.04.2013. The police filed final report before the Trial Court, without mentioning about the treatment received by the petitioner in RIMS, Kadapa as in-patient and without referring the doctors who treated the petitioner there. Therefore, the petitioner seeks further investigation in Crime No.97 of 2013 of Mydukur (U/G) Police Station.

#4. Learned Assistant Government Pleader Home, written instructions would submit that the police have filed final report before the Trial Court and the case is pending for trial. After completing the entire investigation and filing of chargesheet, the petitioner has submitted a representation, dated

21.11.2022, with a request to file a fresh charge sheet. The police have conducted a fair investigation following due process of law and filed final report before the court, the petitioner submitted representation seeking further investigation into the case, after lapse of 6 years. Learned Assistant Government Pleader would finally submit that the present petition is not maintainable since the petitioner has efficacious alternative, by approaching the Trial Court and file appropriate petition to address his grievance.

#5. Considering the submissions made and on perusal of material place on record, it is the contention of the petitioner that the police did not consider the treatment underwent by the petitioner at RIMS, Kadapa and have not examined the doctors who treated the petitioner at RIMS, Kadapa which would affect the case of the prosecution adversely and cause injustice to him. 5 since he is a victim. The petitioner seeks further investigation into the crime, required in the circumstances of the present case. The prosecution with the permission of the trial court can examine any witness or summon any documents, which were not listed in the list of documents or witnesses filed with chargesheet, if such additional evidence assists the Court in reaching a just decision. This court in J.B.Roy vs. State of Andhra Pradesh{A\R 1968 AP 236) held that: charge-sheet “1. The list of witnesses usually is given by the police along with the charge-sheet because of the prevalent practice. The practice is undoubtedly desirable but no provision of the Code compels the prosecution to furnish any such list along with the charge-sheet. Nor furnishing such a list of witnesses along relinquished its right to call for any other witness whose name is not mentioned in the list. Nor binds the Court only to record only the statements of such persons whose names appear in It does not disable the prosecution or the Court from the list. examining any other witness if is found desirable or necessary for the purposes of the case." can mean that the prosecution (Emphasis supplied) and in Pattivada Balaji vs. State of Andhra Pradesh (2023 SCC Online AP 2544), this court held that: "16. The list of witnesses/documents filed with the police report (charge sheet) filed by the police is only a practice. It does not prevent the prosecution or Magistrate/Court from examining any other documents if they help the Court to arrive at a just decision in the case." (Emphasis supplied) It is for the prosecution to file an application before the Trial Court seeking examination of doctor/s who treated the petitioner at RIMS, Kadapa and the Trial Court may summon the doctor/s and direct the doctor/s to • a appear along with the medical record of the petitioner. Further, the Trial Court has ample power to alter any charge at any stage of trial, before pronouncing the judgement or the prosecution may present appropriate application before the Trial Court for alteration of charge/s, if it is so required.

#6. In the light of the above discussion, this writ petition is disposed of. The prosecution may move an appropriate application before the trial Court to bring the relevant facts to the notice of the Trial Court. Upon filing such application, the learned trial Judge may take appropriate decision in the matter, considering that the petitioner was initially admitted to RIMS, Kadapa was discharged on the same date, and then referred to SVIMS, Tirupati, from where he was again sent back to RIMS, Kadapa. The petitioner underwent surgery and received Kadapa from 05.03.2013 to 01.04.2013, since they are relevant to the present case. There shall be no order as to costs. at RIMS, in-patient treatment As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. To, //TRUE COPY// Sd/- K TATA RAO deput^egistrar CTIO^^OFFICER SE

#1. The Principal Secretary, Home Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District.

#2. The Director General Police, A.P. Police Head Quarters, Mangalagiri, Guntur District.

#3. The Superintendent of Police, Kadapa, YSR Kadapa District. 0

#4. The S.H.O, Mydukur (U/G) P.S., YSR Kadapa District.

#5. Sri B Siva Reddy, the then Inspector of Police, Mydukur (U/G) P.S. Now working as Sub-Divisional Police Officer, Kadapa, YSR Kadapa District.

#6. Sri Y Venkateswarlu, the then Inspector of Police, Mydukur (U/G) P.S. Now working 'as Inspector Police, Intelligence Department, Intelligence Office, Nandyal, Nandyal District,

#7. Sri Dr V Mallesh, the then Medical Officer, Primary Health Centre, MydUkur. Now working as Medical Officer, Primary Health Centre, Ontimitta, YSR Kadapa District.

#8. The Sub Divisional Police Officer, Mydukur, YSR Kadapa District RR8 is suo moto impleaded as per CO dt 19/12/2022

#9. One CC to Sri Syed Kaleemulla, Advocate [OPUC]

#10. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT]

#11. Two CCS to GP for Primary Health Center, High Court of Andhra Pradesh. [OUT]

#12. Two CD Copies. A HIGH COURT DATED:20/08/2025 ORDER WP No.39581 OF 2022 Of a I7SEP20?5 Cf rrentSectio DISPOSING THE WRIT PETITION WITHOUT COSTS