HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4831 of 2010 ORAL ORDER : The petitioners 1 to 3/A-1 to A-3 are accused of offence punishable under Section 302/34 I.P.C. in Crime No.39 of 2008 of Kondapuram Police Station, Sri Potti Sriramulu Nellore District, along with another (A-4). It is alleged in report given by brother of the deceased that when he went to the spot, he saw A-2 to A-4 beating the deceased and his wife with sticks. When the deceased was taken to hospital, he was pronounced dead. The case was registered against A-1 to A-4 on report given by the 2nd respondent, who is brother of the deceased. 2. It is contended by the petitioners’ counsel that as per Post Mortem Certificate, there are no external injuries on body of the deceased and that it was only due to cardiac failure the deceased died. Grievance of the petitioners is that even though this crime has been pending for the last 2 years, the police are not filing final report/charge sheet before the Magistrate and that the police are harassing the petitioners by calling them to the police station again and again. 3. Previously when A-4 approached this Court by way of Criminal Petition No.9612 of 2009, this Court by order dated 17.11.2009 gave the following directions to the police. “…..In the circumstances it is directed that the investigation and consequential steps on the basis of investigation shall go on and the investigating officer shall file charge sheet/final report within a period of three months from today as the material part of the investigation must have been completed by now, since a year has been lapsed from registration of crime. It is further directed that the petitioner need not to appear either before the investigating officer or the Court till receiving summons after filing the charge sheet.” 4. It is contended by the petitioners’ counsel that in spite of the said directions to the police to file charge sheet within three months from the date of that order, till today police did not file any charge sheet. 5. Any direction by this Court with regard to filing of charge sheet within a particular time, is only advisory in nature and it cannot be a mandate as such. This Court did not say in the previous order that failure to file charge sheet within three months would debar the police from doing further investigation and from filing charge sheet thereafter. Consequences of failure to file charge sheet within three months were stated in the previous order itself to the effect that thereafter the petitioner therein (A-4) need not appear before the police station or any Court until summons is received by him from the Magistrate after filing of the charge sheet. Therefore, it will not clothe either A-4 or A-1 to A-3 with any right to skip away from this grave crime registered under Section 302/34 I.P.C. Since it is a grave crime and having regard to ticklish issues involved in this case particularly with regard to Post Mortem Certificate, naturally the investigating officer will take some time to come to certain conclusion after consulting the superior and supervisory police officers and medical officers. I do not find any valid or legal reasons to give any relief to the petitioners at this stage. 6. Hence the petition is dismissed. _________________________________________ JUSTICE SAMUDRALA GOVINDARAJULU 10.06.2010. Msr HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4831 of 2010 10.06.2010 (Msr)