IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 18979 of 2008 Between: P. Subbi Reddy, S/o. Late P. Narayana Reddy, Hindi Prachar Sabha Hyderabad, Station Road, Nampally, Hyderabad R/o. H.No. 2-197-2, Balaji Nagar, Kadapa, Kadapa District. ..... PETITIONER AND 1 Chandra Dev Bhagavanth Rao Kaude, S/o. Not Known, Sabha Hyderabad, Station Road, Nampally, Hyderabad. 2 Dhonde Rao Jadhav, S/o. Late Hanumantha Rao, Jadhav, Sabha Hyderabad, Station Road, Nampally, Hyderabad. 3 Ramnivas, S/o. Not Known, Sabha Hyderabad, Station Road, Nampally, Hyderabad. 4 Narayan Swamy Vachaspathi, S/o. Known, Sabha Hyderabad, Station Road, Nampally, Hyderabad. 5 M. Prabhu, S/o. Basavanappa Madnure, Sabha Hyderabad, Station Road, Nampally, Hyderabad. 1 to 5 are R/o. Sri Ram Hindi Bhavan, LN Gupta Marg, Nampally Station Road, Hyderabad. 6 Farheen Fatima, W/o. Syed Sarfaraz Ahmed, R/o. H.No. 12-2-800/204, Dilshad Nagar Colony, Meddipatnam, Hyderabad 7 Syed Sarfaraz Ahmed, S/o. Syed Osman Ahmed, R/o. H.No. 12-2-800/204, Dilshad Nagar Colony, Meddipatnam, Hyderabad 8 Mr. Syed Viquaruddin, S/o. Syed Hameeduddin, having its office at Kumarwadi, Edi Bazar, Hyderabad, R/o. H.No. 18- 8- 534/12/A1, Akbar Nagar, Edi Bazar, Hyderabad 9 Deputy Commissioner of Police, Central Zone, Control Room, Basheer Bagh, Hyderabad. 10 Station House Officer, Abds Police Station, Abids, Hyderabad. .....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, order, or direction, more particularly one in the nature of Writ of Mandamus directing the Respondents No. 9 & 10 to investigate and file the charge sheet without further wasting any more time as there is possibility of destroying the evidence in the interest of justice and pass Counsel for the Petitioner:MR.M.GOVIND REDDY Counsel for the Respondents: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.18979 of 2008 ORDER: This writ petition is filed seeking a Mandamus directing respondents 9 and 10 to investigate into the crime registered on the basis of the complaint given by the petitioner and file charge sheet without further delay as there is every possibility of destroying the evidence. According to the petitioner, he is the President of Andhra Pradesh Hindi Prachar Sabha, Hyderabad, and also member of Sanchalan Samithee (Central Executive Committee of Hindi Prachar Sabha, Hyderabad). It is his case that respondents 1 to 5 in the name of construction, misappropriated the funds of Hindi Prachar Sabha, Hyderabad, having collected huge amounts from the Society members and others, and they further secured loan of Rs.4,00,00,000/- from the Union Bank of India, Saifabad Branch, Hyderabad, on 28.10.2003, repayable in six years. As on 30.11.2006, a sum of Rs.4,40,70,534/- was outstanding to the account of the Hindi Prachar Sabha, Hyderabad, payable to the Bank, and in that connection, respondents 1 to 5 decided to sell half of the total 80,000 sq. feet of the built up area in the said building complex to respondents 6 and 7 for the purpose of payment of outstanding dues to the Bank and, accordingly, they entered into an agreement of sale, dated 02.08.2007, in favour of respondents 6 and 7 and subsequently got executed the sale deed in favour of respondent No.8, at the instance of respondents 6 and 7. The entire building complex is worth Rs.45,00,00,000/- as per their own records. Therefore, alleging various misdeeds committed by the respondents, the petitioner, in the official capacity, filed a private complaint against respondents 1 to 8 before the learned Magistrate concerned, who in turn referred the matter to respondent No.10. The grievance of the petitioner is that though the matter was received by the Station House Officer, Abids Police Station, Abids, the 10th respondent, on 10.03.2008, the same is not being investigated into by the official respondents and if investigation is not completed immediately, there is every chance of destroying the evidence by the respondents by manipulating/destroying the records etc. Hence, this writ petition. There is no necessity of going into all the details. It is suffice to notice the averments made at paragraph 6 of the counter filed by respondent No.10, wherein it is stated that the investigation is pending for want of collection of some more documentary evidence and the investigation will be completed as expeditiously as possible and appropriate report would be filed before the concerned Magistrate at the earliest. In view of the averments made in the counter affidavit, the writ petition is closed. However, the Station House Officer, Abids Police Station, Abids, Hyederabad, respondent No.10, is directed to complete the investigation and file a final report as expeditiously as possible. _____________ C.V.RAMULU,J 21.11.2008 v v