IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY FRIDAY, THE SECOND DAY OF JULY, TWO THOUSAND TEN WRIT PETITION No.14425 of 2007 Between: Harijan Labour Contract Co-operative Society, Kakani, Narsaraopet, Guntur District, reptd., by its President Sri Jasthi Venkateswarlu and others. … Petitioners And The Circle Inspector, CCS, West Zone Team, Hyderabad City and others. … Respondents Counsel for the petitioners: Sri G.Rama Krishna for Smt.Sujatha V. Counsel for the respondents:AGP for Home. This Court made the following: ORDER:- This Writ Petition is filed by certain Co-operative Societies and Welfare Associations for a Mandamus to declare the action of respondent No.1 in investigating into their genuineness, as illegal and arbitrary. I have heard Sri G.Rama Krishna, learned counsel representing Smt. Sujatha.V, learned counsel for the petitioners; and the learned Assistant Government Pleader for Home, representing the respondents. In the affidavit filed in support of the Writ Petition, it is averred that on a complaint given by one Sri M.Apparao against Sri M.Guru Krishna Vara Prasad, Manager of petitioner No.5-Society, a criminal case was registered. The allegation against the accused in the said case was that he has committed theft of two cheque leaves of two accounts of the complainant, forged his signature and encashed an amount of Rs.42,04,500/- through the accounts of petitioners 1 and 6-Societies. The grievance of the petitioners is that in the guise of conducting investigation of the said criminal cases, respondent No.1 is seeking to probe into the constitution and activities of the petitioners. Respondent No.1 filed a counter-affidavit, wherein it is, inter alia, averred that on the complaint given by Sri M.Appa Rao, Crime No.55 of 2007 was registered against Sri M.Guru Krishna Vara Prasad, Manager of petitioner No.5-Society, for the offences under Sections 380, 468, 471 and 420 IPC; and that the investigation prima facie established commission of an offence by the accused, who was arrested on 1-6-2007 and produced before the XII Additional Chief Metropolitan Magistrate on 2-6-2007. It is further stated that the enquiry undertaken by respondent No.1 is only a part of investigation in the said criminal case. At the hearing, the learned Assistant Government Pleader for Home submitted that respondent No.1 has completed the investigation and filed charge sheet; and that the case was taken cognizance by the XII Additional Chief Metropolitan Magistrate, as C.C.No.301 of 2009. She further stated that in view of filing of charge sheet, the respondents have not been continuing any enquiry. Having regard to the above submission of the learned Assistant Government Pleader, the Writ Petition is disposed of as infructuous. ---------------------------------------- - C.V.NAGARJUNA REDDY,J Date:02-7-2010 MNR