IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.23255 of 2005 Between: Mohd.Abdul Majid, s/o Nabi Patel, r/o 4-15-90, Hasan nagar, Hyderabad. ..... PETITIONER AND 1 The Commissioner of Police, Cyberabad, Hyderabad. 2 The Assistant Commissioner of Police, Rajendranagar Zone, Cyberabad, Ranga Reddy 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, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in not filing/issuing the First Information Report in compliance of the directions of the VIII Metropolitan Magistrate, Rajendranagar, Cyberabad, Rangareddy District in an unnumbered C.C.filed by the petitioner, as illegal, arbitrary improper and against the judicial principles and precedence, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.SAFDAR MIRZA Counsel for the Respondents: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.23255 of 2005 ORDER: Petitioner seeks to issue a Writ of Mandamus declaring the action of the respondents in not filing/issuing First Information Report in compliance of the directions of the VIII Metropolitan Magistrate, Rajendranagar, Cyberabad, Ranga Reddy District, as illegal and arbitrary. It is stated that though the learned Magistrate referred the complaint for investigation, FIR has not been registered so far. The police have no option except to register the FIR and investigate the case, as and when the criminal court refers the matter under Section 156(3) Cr.P.C. Therefore, there cannot be any justification on the part of the respondents in not registering the case and investigating the same. It is unfortunate that the respondents have not come up with any counter even after lapse of three years. But, however, learned Government Pleader for Home appearing for the respondents submits that the case has been registered on 19-11-2005, pursuant to the reference made by the criminal court, and a final report has been filed on 28-01-2007. Recording the above statement, the writ petition is dismissed with liberty to question the said final report. There shall be no order as to costs. ___________ 12-03-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}