IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 20231 of 2007 Between: Smt. Kamavaram Lakshmidevi W/o Kamavaram Mahadeva H. No. 1-6-34/1, Chaitanyapuri Colony, Dilsukhnagar Hyderabad (AP)., ..... PETITIONER AND 1 Commissioner of Police Government of A.P., Cyberabad Commissionerate, Ranga Reddy District, at Hyderabad (AP)., 2 Station House Officer, Uppal R.R. District / 3 Sri B. Ravindra Reddy, S.I. of Police, Uppal P.s. Uppal, R.R. District. 4 K. Malla Reddy S/o Konda Reddy,H. No. 3-7-93, Indiranagar, Ramanthapur, Hyderabad (AP). 5 K. Balaiah S/o Late Edaiah, Medipally Village, Ghatkesar Taluk, R.R. 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 will be pleased to issue an order or direction or Writ more appropriately a Writ of mandamus to declare the action of the 1st to 3rd respondents in proposing to close the criminal complaint in FIR No. 319/2007 dated 05-04-2007 filed by the husband of the petitioner as illegal, arbitrary and unconstitutional, by setting aside the form No. 96 of the 2nd respondent dated 24-08-2007 and further direct the 1st to 3rd respondents to proceed with the FIR No. 319/2007 dated 05-04-2007 as per law immediately and submit the investigation report to the concerned Hon'ble Criminal Court and take appropriate action against 4th and 5th respondents as per law and pass such other order or orders which are deem fit and just in the circumstances of the case. Counsel for the Petitioner:MR.K.RAJANNA Counsel for respondents 1 & 2: Assistant Government Pleader for Home Counsel for respondents 3 to 5: None appeared. The Court made the following : O R D E R: This writ petition is filed for the following substantive relief: “It is humbly prayed that this Hon’ble Court may be pleaded to issue an order or direction or Writ more appropriately a Writ of mandamus to declare the action of the 1st to 3rd respondents in proposing to close the criminal complaint in FIR No. 319 of 2007 dated 05-04-2007 filed by the husband of the petitioner as illegal, arbitrary and unconstitutional, by setting aside the form No. 96 of the 2nd respondent dated 24-08-2007 and further direct the 1st to 3rd respondents herein to proceed with the FIR No. 319 of 2007 dated 05-04-2007 as per law with immediate effect and submit the investigation report to the concerned Hon'ble Criminal Court and take appropriate action against 4th and 5th respondents as per law and pass such other order or orders which are deem fit and just” At the hearing Sri K.Rajanna, learned counsel for the petitioner, after arguing the case for sometime, sought for permission of the Court to withdraw the writ petition with liberty to the petitioner to approach the jurisdictional Magistrate under Section 190 read with Section 200 of the Code of Criminal Procedure. The request of the learned counsel for the petitioner is accepted and the writ petition is dismissed as withdrawn with liberty in terms of the prayer made. As a sequel to dismissal of the writ petition, WPMP No.26114 of 2007 filed by the petitioner for interim relief is dismissed as infructuous. _____________________ C.V.NAGARJUNA REDDY,J Dated 19th April, 2008 vrn ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Commissioner of Police Government of A.P., Cyberabad Commissionerate, Ranga Reddy District, at Hyderabad (AP)., 2 Station House Officer, Uppal R.R. District / 3 Sri B. Ravindra Reddy, S.I. of Police, Uppal P.s. Uppal, R.R. District. 4 2CCs to the AGP for Home. 5 2CD copies Form-NIC-OGS/WP{TRT}