(1.) These two writ petitions are filed under Article 226 of the Constitution of India, by one Mekala Madhusudhan Reddy (Accused No.1 in S.C.No.96 of 2018) and one Maddike Venkata Krishna Reddy (Accused No.7 in S.C.No.100 of 2019). Both the Sessions Cases are pending on the file of Assistant Sessions Judge, Rayachoty for the offences punishable under Sections 323, 364, 395, 447, 506 r/w 149 of Indian Penal Code (for short I.P.C ) arising out of same crime.
(2.) He relief claimed in both the writ petitions is identical. Since the petitioners in both the writ petitions are challenging the proceedings Rc.No.3224/C2/2020 dated 13.07.2020 issued by the Director General of Police, Government of Andhra Pradesh, transferring Crime No.73 of 2016 to C.I.D, Andhra Pradesh to conduct further investigation, it is appropriate to decide both the writ petitions by a common order.
(3.) Oth, Sessions Cases S.C.No.96 of 2018 and S.C.No.100 of 2019 have emanated from Crime No.73 of 2016 basis of complaint from the fourth respondent/defacto complainant, for the alleged offences under Sections 323, 364, 305, 447, 506 and 149 I.P.C, wherein it is alleged that the defacto complainant had taken some money as loan from the accused and thereafter, threatened and bet him demanding for repayment of money. Station House Officer, Ramapuram Police Station is the Investigating Agency in S.C.No.96 of 2018 and S.C.No.100 of 2019, as the charge sheet is already filed in both the session cases, final report is filed in compliance of Section 173(2) Cr.P.C. It is contended that, Section 173(8) Cr.P.C enabled further investigation by an Investigating Agency under special circumstances, subject to leave of the Court in which the cases are pending.
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