Thandava Yogesh, vs The State Of Andhra Pradesh,
2024 Latest Caselaw 4530 AP

Andhra Pradesh High Court - Amravati

Thandava Yogesh, vs The State Of Andhra Pradesh, on 19 June, 2024

Author: R Raghunandan Rao

Bench: R Raghunandan Rao

APHC010273672023                                                Bench Sr.No:-
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                                                     17
                                AT AMARAVATI                       [3446]

                            WP(PIL) NO: 79 of 2023

Thandava Yogesh,                                                 ...Petitioner

      Vs.

The State Of Andhra Pradesh and Others                      ...Respondent(s)


                                    **********

PARTY IN PERSON, Advocate(s) for Petitioner(s)

GP FOR HOME, Advocate(s) for Respondent(s)



         CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR
                 SRI JUSTICE R RAGHUNANDAN RAO


         DATE       : 19th June, 2024.

PC:

1.     The present writ petition (Public Interest Litigation) has been filed

seeking the implementation of the directions of the Apex Court rendered in

State of Gujarat vs. Kishanbhai and others 1 , wherein the Home

Department of every State Government was inter alia directed to formulate

a procedure for taking action against all erring investigating/prosecuting

officials/officers, who are responsible for failure of a prosecution case, on

account of their negligence or because of culpable lapses, against whom

departmental action was sought to be initiated.



1
(2014) 5 SCC 108
                                        2
                                                                 HCJ & RRR,J
                                                              WP(PIL)_79_2023



2.    Learned counsel for the petitioner stated that the aforementioned

directions had not been complied with by the Home Department of the State

of Andhra Pradesh and therefore prays for issuance of a direction to the

respondents to examine all orders of acquittal in prosecution cases from

07.01.2014, record reasons for the failure of each prosecution case, identify

the concerned investigating/prosecuting official(s) responsible for such

acquittal and after crystallizing the mistakes of investigation and

prosecution, the same be incorporated in the course content of all existing

training programmes for the concerned officers.


3.    On perusal of the judgment rendered by the Apex Court in the case of

Kishanbhai and others (supra), it can be seen that the Apex Court

continues to monitor the issue of compliance of the directions contained in

the said judgment, as the records of consideration have been directed to be

maintained by all the Home Secretaries concerned.


4.    Directions having been issued, the only issue is with regard to their

compliance. In case there is any failure on the part of the concerned and in

the present case, the State of Andhra Pradesh, would be liable to be

proceeded against by the Apex Court. The petitioner cannot maintain this

petition seeking the implementation of the directions already issued by the

Apex Court by way of a separate petition before this Court. In our opinion,
                                       3
                                                                 HCJ & RRR,J
                                                              WP(PIL)_79_2023



the present writ petition (PIL) is not maintainable and is accordingly

dismissed. There shall be no order as to costs.


      Pending miscellaneous applications, if any, shall stand closed.




                                             DHIRAJ SINGH THAKUR, CJ.



                                                  R RAGHUNANDAN RAO, J.

SSN