IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 7776 of 2005 BETWEEN: Malli Ramulu, S/o. Malli Jangaiah, R/o. Kothapet Village, Kesampet Mandal, Mahabubnagar District. ... PETITIONER AND 1 The Station House Officer, Kesampet Police Station, Mahabubnagar District. 2 The Sub Divisional Police Officer, Shadnagar, Mahabubnagar District. 3 The Superintendent of Police, Mahabubnagar District. 4 The Director General Of Police & Inspector General of Police Lakdikapool, Hyderabad. 5 The Home Secretary, Department of Home, Secretariat Buildings, Hyderabad. 6 Sai Srinivas, S/o. Not Known, Mahabubnagar District. 7 Kum. Ramadevi D/o. Not Known, Presently Working at Shadnagar Police Station, Mahabubnagar 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 an order or orders more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents No.4 and 5 herein in not acting upon petitioners complaint dated 22-02-2005 as illegal, arbitrary and violation of Article 21 of Constitution of India and Rule of Law. It is further prayed that his Hon'ble Court may be pleased to direct the Respondents No.4 and 5 herein to entrust the crime No.57/2004 of P.S. Kesampet to the C.B.B.I.D Hyderabad to conduct the investigation into the offence as per the statement of the Petitioner dated 20-11-2004 U/Sec. 164 of Cr.P.C. before the Judicial Magistrate of First Class, Jedcherla, Mahaboobnagar District and add the section of law U/Sec. 3(1) (x) of SC & ST Atrocities Act as per the requisition dated 16-12-2004 made by the C.I. of Police, Shadnagar. It is further prayed that this Hon'ble Court may be pleased to direct the Respondent No.3 herein to place the Respondents No. 5 and 6 herein under suspension during investigation and apprehend the Respondents No. 5 and 6 herein and conduct a fair investigation by the C.B.C.I.D., Hyderabad 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.V.RAGHUNATH Counsel for the Respondents 1 to 5: GP FOR HOME Counsel for the Respondent No.7: SMT. G. JYOTHI KIREN The Court made the following: ORDER: Petitioner seeks a direction to the respondents 4 and 5 to entrust the Cr.No.57 of 2004 of Police Station Kasampet to CBCID, Hyderabad to conduct the investigation into the offence as per his statement dated 20.11.2004 under Section 164 of the Code of Criminal Procedure before the Judicial First Class Magistrate, Jedcherla and add the section of law under Section 3(1)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Attrocities) Act (for short ‘the Act’). 2. Counter has been filed stating that the Sub-Divisional Police Officer, Mahabubnagar District has already investigated the case and completed the enquiry and the matter is referred for legal opinion vide his letter No.57/SDOM/05 dated 24.11.2005 and the Special Public Prosecutor, SC/ST Trial Special Court, also submitted his opinion agreeing with the opinion of the Investigating Officer. 3. In view of the fact that the enquiry is already over, it is open for the petitioner to take appropriate steps before the concerned Magistrate either to file a private complaint or to file a protest application seeking appropriate relief for the inclusion of the relevant provision of the Act. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J July 3, 2008 DSK