IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD FRIDAY THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND SEVEN : PRESENT: THE HONOURABLE SRI JUSTICE B. PRAKASH RAO AND THE HONOURABLE SRI JUSTICE L. NARASIMHA REDDY CRIMINAL APPEAL. No. 1723 OF 2005 (Criminal Appeal under Sec. 374 (2) of Crl. P.C. against the Judgment of the Court of the Sessions Judge, Mahila Court, Vijayawada and passed in S.C. No. 88 of 2003 dated: 19-10-2005.) Between:- Syed Mastanbee W/o. Adapaka Suribabu @ Abdul Salam. ……Appellant/Accused. AND The State of A.P., through Public Prosecutor, High Court of A.P., High Court Buildings, Hyderabad. … Respondent. The Appeal coming on for hearing, upon perusing the Appeal and grounds filed herein and upon hearing the arguments of Sri P.V. Rama Sarma, Advocate for Appellant and of the Additional Public Prosecutor on behalf of the Respondent, the Court made the following ORDER: “Heard Sri P. V. Rama Sharma, learned counsel for the appellant and the learned Additional Public Prosecutor. During the course of hearing of this appeal filed at the instance of the sole accused as against the conviction under Section 302 IPC as per the judgment in S.C.No. 88 of 2003 dated 17-10-2005 on the file of the learned Sessions Judge (Mahila Court), Vijayawada, it has been noticed to our surprise in the facts and circumstances of the case, that initially the case was registered in Ex.P-13, which is a F.I.R. Column No. 7 of the F.I.R. specifically names the complainant’s husband, PWs 1 and 2, the appellant and PW 3. In Ex.P-15 though the presence of PW 3 has not been ruled out, however no investigation has been conducted as against those other persons who have been mentioned in the said F.I.R. No reason is forthcoming for the same. Even the F.I.R does not rule out the presence of PW 3 nor the dying declaration Ex. P-15 recorded by the Magistrate i.e., PW 8. When initially F.I.R. is registered against all those four persons under Section 307 read with Section 34 IPC, merely because case is converted to one under Section 302 IPC, there is, prima facie, no justification for either of the actions on the part of investigating agencies, namely to delete other three persons or even the provision under Section 34 IPC. Having regard to the above reason, without going into the merits of the matter at this stage, we are of the opinion that necessarily it is a fit case where in the interests of justice further investigation has to be ordered in exercise of the power under Section 319 read with Section 482 of the Code of Criminal Procedure. Since the appeal being only a continuation of the original proceeding, this Court has ample power to order further investigation. Accordingly, issue show cause notice to PWs 1, 2 and 3 and the concerned Superintendent of Police, returnable in four weeks requiring them to explain as to why the case against them shall not be reopened and further investigation be ordered to be conducted against them also. Post after service of notice.” Sd/- V. RAMAKRISHNA, ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR Contd…2… - 2 - To 1.The Sessions Judge, Mahila Court, Vijayawada, Krishna District. 2.The Superintendent of Police, Krishna District at Machilipatnam. 3.Adapaka Appa Rao @ Abdul Salam S/o. Thavitaiah, R/o. D.No.3-2-35, Near Konda Badi, Ramarajyanagar, Vidyadharapuram, Vijayawada, Krishna District. 4.Ghanta Srinu S/o. Venkaiah, R/o. D.No. 3-2-35, Near Konda Badi, Ramarajyanagar, Vidyadharapuram, Vijayawada, Krishna District. 5.Adapaka Suri Babu @ Abdul Salam S/o. Tavitaiah R/o. Ramarajyanagar, Vidyadharapuram, Vijayawada City, Krishna District. (Addressee Nos. 2 to 5 by R.P.A.D) 6.Two CCs to the Addl. Public Prosecutor, High Court of A.P., Hyderabad. (OUT) 7 One CC to Sri P.V. Rama Sarma, Advocate(OPUC). 8.Two spare copies. TKK HIGH COURT BPR.J & LRN.J DATE: 28-12-2007. ORDER CRL.A. NO. 1723 OF 2005. D I R E C T I O N. DRAFTED BY TKK DT.03-04-2007. HIGH COURT BPR.J & LNR.J DATE: 28-12-2007. Note :- Post after service of notice. ORDER CRL.A. NO. 1723 OF 2005. D I R E C T I O N.