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J.C. Uma Reddy And O... v. State Of Andhra Prad...
Factual and Procedural Background
The petitioners filed a writ petition under Article 226 of the Constitution of India challenging the police respondents' action of registering multiple separate crimes for the same or similar allegations, all purportedly forming part of Crime No. 33 of 2020. They contended that this practice was arbitrary and contrary to Supreme Court precedent. The petition requested a writ of mandamus or any other appropriate writ directing the respondents to consolidate the investigations of numerous crime numbers across various police stations into a single investigation and to submit a final report under Section 173 of the Code of Criminal Procedure before the competent court.
Additionally, an interlocutory application under Section 151 CPC was filed seeking directions to the police not to entertain or register distinct FIRs for allegations similar to those in FIR 33 of 2020 and to conduct a common investigation pending disposal of a related writ petition (WP 11709 of 2020).
The matter was heard with arguments presented by counsel for the petitioner and the Government Pleader for the respondents. The Court granted interim relief by extending an earlier interim direction and adjourned the matter for further hearing, directing the registry to verify and place the respondents' counter affidavit on record.
Legal Issues Presented
- Whether the registration of multiple separate crimes for the same or similar allegations, instead of consolidating them into a single investigation, is arbitrary and contrary to the law laid down by the Supreme Court.
- Whether the respondents should be directed to conduct a common investigation into all the related FIRs and submit a consolidated final report under Section 173 CrPC.
- Whether the police should be restrained from registering distinct FIRs for allegations analogous to those in FIR 33 of 2020 pending disposal of the related writ petition.
Arguments of the Parties
Petitioner's Arguments
- The police action of registering multiple separate FIRs for similar allegations is arbitrary and violates the Supreme Court's legal principles.
- All related crime numbers should be investigated together as part of a single, consolidated case.
- The respondents should be directed not to register or entertain any further distinct FIRs based on the same or similar allegations pending the determination of the writ petition.
Respondents' Arguments
- The Government Pleader appeared on behalf of the respondents and took notice but the specific arguments of the respondents are not detailed in the opinion.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court considered the petition and affidavit filed in support, as well as the prior interim order dated 20-07-2020. After hearing the parties, the Court granted an extension of the interim relief previously granted, thereby continuing to restrain the respondents from taking certain actions in respect of the FIRs. The Court directed the registry to verify and place the respondents' counter affidavit on record for further consideration. The reasoning reflects the Court’s cautious approach pending fuller hearing and examination of the factual and legal issues.
Holding and Implications
The Court extended the interim direction previously granted and adjourned the matter for further hearing on 23/07/2020. The respondents were directed to file a counter affidavit which was to be verified and placed on record.
The direct effect of this decision is the continuation of interim protection to the petitioners against the registration of multiple distinct FIRs for similar allegations and the continuation of the status quo pending fuller adjudication. The opinion does not establish any new precedent or broader legal principle beyond the interim relief granted.
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 to issue a Writ of Mandamus or any other appropriate writ declaring that the action of the respondents - police officers in registering separate-separate crimes for same and similar allegations as forming part of Crime No. 33 of 2020 is arbitrary and contrary to the law laid down by the Supreme Court and direct the 7 respondent to take up the investigation of all the crime Numbers namely Crime Nos. 28 of 2020, 73 of 2020, 74 of 2020, 85 of 2020, 86 of 2020, 87 of 2020, 268 of 2020, 269 of 2020, 270 of 2020, 271 of 2020, 272 of 2020 of Anantapuram I Town Police Station, Crime Nos. 28 of 2020, 85 of 2020, 86 of 2020, 87 of 2020, 90 of 2020, 91 of 2020, 92 of 2020, 99 of 2020, 100 of 2020, 101 of 2020, 104 of 2020, 105 of 2020, 106 of 2020, 111 of 2020, 112 of 2020, 113 of 2020, 530 of 2020, 542 of 2020, 542 of 2020, 544 of 2020, 545 of 2020, 547 of 2020, 548 of 2020, 549 of 2020, of Tadipatri Town Police Station, Crime Nos. 96 of 2020, 97 of 2020 of Tadipatri Rural Police Station, FIR No. 187 of 2020 of Peddapappur Police Station, Crime No. 49 of 2020, 50 of 2020 and 51 of 2020 of Orvakal Police Station and submit a final report in terms of Section 173 of the Code of Criminal Procedure before the jurisdictional court.
IA NO: 1 OF 2020
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 direct the official respondents not to entertain/register distinct FIRs in respect of same/similar analogous allegations which formed the basis for registering FIR 33 of 2020, on the file of the Station House Officer, Anantapuramu I town Police Station, Anantapuramu i.e. re-registration of trucks with Anantapuram RTA which are already registered with RTA Kohima, State of Nagaland and further direct the respondents to conduct a common investigation in respect of the FIRs which are already registered and which are similar/analogous to Crime No. 33 of 2020 (or to take any coercive action against the petitioners), pending disposal of WP 11709 of 2020, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the order of the High Court dated 20-07-2020 made herein and upon hearing the arguments of M/s Bharadwaj Associates Advocate for the Petitioner and of, GP for Home for the Respondent Nos. 1 to 6 & 11 who takes notice on behalf of, and the Court made the following.
The Order of the Court was delivered by
Kongara Vijaya Lakshmi, J.:— “The learned counsel for the petitioner/seeks time to file reply affidavit.
2. List the matter on 23/07/2020.
3. Till then, the interim direction granted by this Court earlier, is extended.
4. The registry is directed to verify and put up the counter affidavit filed by the respondents.”
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