IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND NINE :PRESENT: THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO : 4537 of 2009 Between: 1 Kandula Goverdhan Rao S/o. Pullaiah 2 Mandava Sambasiva Rao S/o.Venkatasubbaiah 3 Gorantla Santharam s/o.Nagabushanam ..... Petitioners AND 1 The Superintendent of Police, Prakasam District at Ongole 2 The Station House officer, Chirala (Rural) Police Station, Prakasam District 3 Tella Narsimha Rao S/o.Venkateshwarlu R/o.Sampathnagar colony Kothapet, Vitapalem Taluk, Prakasam District 4 Dulipalla Srinivasa Rao S/o.Narayana Muthyalapet, Chirala, Prakasam District 5 Gummadi Padmasri W/o. Sri Radhakrishna R/o.Woodnagar, Chirala, Prakasam District 6 Vadde Radhika W/o. Sri Suresh R.o.Wood Nagar, Chirala Prakasam District 7 Illa Venkata Srinivasa Rao S/o.Venkat Subbaiah R/o.Santhapet, Ongole, Prakasam District 8 Vasantha Gopal Rao S/o.Subbaiah Uppugundur, Nagulappalapadu Taluk, Prakasam District .....Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ or order or direction more in the nature of writ of mandamus declaring the action of the respondent No.2 in not causing investigation of the case in Crime No.133/2008 (Under sections 403, 409, 420, 468 and 120B of IPC) as illegal, arbitrary, and violative of Article 14 of the Constitution of India, besides Provisions of the Criminal Procedure Code; while issuing a consequential direction to the respondent No.1 to transfer the case in Crime No.133/2008 on the file of the Chirala (Rural) Police Station of Prakasam District to any other P.S. in Prakasam District and cause and complete the investigation in the interest of justice; The petition coming on for hearing, upon perusing the petition and the affidavit filed herein, and upon hearing the arguments of Sri D.Goverdhana Chary, Advocate for the Petitioner and of the A.G.P. for Home for the Respondents No.1 & 2, the Court made the following ORDER: “Finally, at the request of learned A.G.P. for Home, post on 16-03-2009 for filing counter. If no counter is filed, then the respondents shall appear before the Court in person on the next date of hearing and explain the reasons for not filing counter.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1 The Superintendent of Police, Prakasam District at Ongole 2 The Station House officer, Chirala (Rural) Police Station, Prakasam District 3 Tella Narsimha Rao S/o.Venkateshwarlu R/o.Sampathnagar colony Kothapet, Vitapalem Taluk, Prakasam District 4 Dulipalla Srinivasa Rao S/o.Narayana Muthyalapet, Chirala, Prakasam District 5 Gummadi Padmasri W/o. Sri Radhakrishna R/o.Woodnagar, Chirala, Prakasam District 6 Vadde Radhika W/o. Sri Suresh R.o.Wood Nagar, Chirala Prakasam District 7 Illa Venkata Srinivasa Rao S/o.Venkat Subbaiah R/o.Santhapet, Ongole, Prakasam District 8 Vasantha Gopal Rao S/o.Subbaiah Uppugundur, Nagulappalapadu Taluk, Prakasam District (Addressees 1 to 8 BY RPAD) 9. Two CCs to A.G.P. for Home, High Court of A.P., Hyderabad (OUT). 10. One CC to Sri Goverdhana Chary, Advocate (OPUC) 11. One Spare Copy HIGH COURT AB DRAFTED ON 12-03-2009 NVRJ DATE: 12-3-2009 NOTE: POST ON 16-03-2009 ORDER WP. NO. 4537 OF 2009 DIRECTION