AP HIGH COURT HELD THAT
Investigation — Power of High Court under Article 226 — Direction to file charge sheet impermissible (Paras 6–7)
Issue: Whether High Court can direct investigating agency to file charge sheet during pendency of investigation.
Facts: Petitioner sought direction to police to conclude investigation in Crime No.388 of 2024 and file charge sheet relating to offences under the Bharatiya Nyaya Sanhita, 2023 and BNSS; prosecution submitted that investigation was still in progress.
Held: Relying on A. Shankar v. State, the Court held that High Court should not direct filing of charge sheet at investigation stage, since such direction would curtail discretion of investigating officer and amount to improper exercise of writ jurisdiction. (Paras 6–7)
Investigation — Fair, impartial and effective investigation — Duty of police (Paras 5, 8)
Issue: Whether investigating officer can be directed to complete investigation expeditiously.
Facts: Though FIR was registered on 31.12.2024, petitioner alleged that no substantial progress was made and charge sheet was not filed.
Held: Investigating Officer is duty bound to conduct fair, impartial and effective investigation and take investigation to its logical conclusion in accordance with law; accordingly, police were directed to complete investigation within reasonable time and file either charge sheet or final report before jurisdictional Magistrate. (Paras 5, 8)
Criminal procedure — Absconding accused — Filing of charge sheet permissible (Para 8)
Issue: Whether pendency of absconding accused prevents filing of charge sheet.
Facts: Court considered situation where some accused may not be available during completion of investigation.
Held: Investigating Officer is at liberty to file charge sheet by showing absconding accused as absconding, without waiting indefinitely for their apprehension. (Para 8)
