The Court held that if, during the pendency of a writ petition seeking mandamus to ensure police investigation, the matter becomes infructuous, the petition can be dismissed as such. This order upholds established legal practice and affirms the precedent regarding the disposal of infructuous writs in criminal investigation matters under Article 226. It acts as binding authority for future cases where similar relief becomes unavailable.
Summary
| Category | Data |
|---|---|
| Case Name | WP/18743/2020 of P SAMATHA Vs THE STATE OF AP CNR APHC010283532020 |
| Date of Registration | 13-10-2020 |
| Decision Date | 02-09-2025 |
| Disposal Nature | DISMISSED AS INFRUCTUOUS |
| Judgment Author | Dr. Justice Venkata Jyothirmai Pratapa |
| Court | High Court of Andhra Pradesh |
| Bench | Single Judge Bench: Dr. Justice Venkata Jyothirmai Pratapa |
| Precedent Value | Binding on subordinate courts within Andhra Pradesh; persuasive elsewhere |
| Overrules / Affirms | Affirms existing procedure for disposal of infructuous writ petitions |
| Type of Law | Criminal Procedure / Constitutional Law (Article 226) |
| Questions of Law | Whether a writ mandamus can be granted to compel completion of police investigation when the relief sought has become infructuous during pendency. |
| Ratio Decidendi |
The Court held that when the relief sought in a writ petition under Article 226 becomes infructuous, particularly for mandamus to complete police investigation, the petition must be dismissed as infructuous. The petitioner’s counsel expressed no further grievance, leading the court to record and dismiss the petition accordingly. The order includes routine closure of connected miscellaneous petitions with no order as to costs. This approach affirms the established judicial principle that courts do not decide academic or superfluous issues once substantive relief is unavailable. |
| Facts as Summarised by the Court | The petitioner filed a writ petition seeking direction for completion of investigation and filing of a final report/charge sheet in Crime No.42 of 2019 at Pattabhipuram Police Station, Guntur. At hearing, the petitioner’s counsel requested disposal as the matter had become infructuous. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within the jurisdiction of the Andhra Pradesh High Court |
| Persuasive For | Other High Courts, Supreme Court |
What’s New / What Lawyers Should Note
- Reiterates that a writ petition becomes infructuous and shall be dismissed if the relief sought is no longer viable during pendency.
- Confirms that courts will decline to adjudicate academic issues in writ petitions under Article 226 concerning police investigation after the cause ceases to exist.
- No costs are ordinarily imposed in such circumstances, and miscellaneous petitions stand closed by default.
Summary of Legal Reasoning
- The Court considered the submission from the petitioner’s counsel, who stated the relief prayed was no longer required as it had become infructuous.
- The learned Assistant Government Pleader for Home was present.
- The Court, recording the submission, dismissed the writ petition as infructuous, thereby declining to address the merits of the petition or issue any writ.
- The dismissal rests on the legal proposition that courts do not grant relief where none is any longer available, and avoid rendering orders in academic matters.
- The decision aligns with established judicial practice for writs rendered infructuous in the course of proceedings.
Arguments by the Parties
Petitioner
- Sought mandamus for completion of investigation and submission of final report in Crime No. 42 of 2019.
- At the time of hearing, counsel submitted that the matter had become infructuous and requested disposal accordingly.
Respondent
- Learned Assistant Government Pleader for Home appeared and was in attendance.
Factual Background
The petitioner initially sought a writ of mandamus directing the respondent police authorities to complete the investigation and file a charge sheet in Crime No.42 of 2019 registered at Pattabhipuram Police Station, Guntur District. By the time of hearing, the petitioner’s relief had become unnecessary, as communicated by petitioner’s counsel, prompting dismissal of the writ as infructuous.
Statutory Analysis
- Article 226 of the Constitution of India: Invoked to seek writ of mandamus against police authorities.
- Section 173 CrPC: Referenced as the procedure the police were to follow regarding completion of investigation and filing of charge sheet.
Alert Indicators
- ✔ Precedent Followed – The judgment affirms and applies the established approach regarding dismissal of infructuous writ petitions.