IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 16753 of 2008 Between: Jupally Krishna Rao, S/o. late J.Seshagiri Rao, Kollapur Assembly Constitutency, Kollapur Mandal, Mahaboob Nagar District. ..... PETITIONER AND 1 The Election Commission of India, Rep by its Chief Election Commissioner, Nirvachan Sadan,New Delhi-110011. 2 The Chief Electoral Officer, For the State of Andhra Pradesh, Budda Bhavan, Ranigunj Road, Secunderabad-500003 3 The State of Andhra Pradesh, rep by Collector and District Magistrate, Mahaboobnagar District. A.P., 4 The Revenue Divisional Officer-Cum- The returning Officer, Kollapur Cosntituency No.195 5 The Hon'ble Speaker, A.P., Legislative Assembly, Rep by the Secretry, Legislature Department, A.P. State Legislative Assembly, Public Garden Road, Saifabad, Hyderabad. 6 The Assistant Commissioner, Endowments Department, Mahabubnagar District. 7 Pagadala Chinnaiah, Party President, Gantropalli Village, Peddakothapally Mandal, Mahaboobnagar District, A.P., .....RESPONDENT(S) 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 To issue a Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus or any otehr Writ, Order or Direction of the like nature directing the Respondents 1 to 4 herein not to launch any criminal case against the Petitioner withut ﬁrst conducting a proper enquiry as to whether any electrol oﬀence was at all committed by the Petitioner in not disclosing the dispute subject joint family property, shown in by the Petitioner in Revenue records while declaring the proposed or impugned action of Respondents against the Petitioner without following due process of law as llaid down procedurally and substantively as ultra vires and violative of the fundamental rights secured to the Petitioners under Article 14, 15, 19 and 21 of the Constitution of India and to pass Counsel for the Petitioner:MR.K.RAVINDER REDDY Counsel for the Respondent No.: SMT.C.JAYASREE SARATHY The Court made the following : ORAL ORDER: (Per Anil R. Dave, CJ) The prayer in this petition is that no case should be ﬁled against the petitioner without conducting proper enquiry. The prayer denotes that no criminal case has been ﬁled so far and there is no reason to believe that an FIR or a complaint would be ﬁled against the petitioner for unjustiﬁable reason. The petition is filed only on misapprehension. We do not see any reason to entertain the petition. The petition is dismissed with no order as to costs. _____________________ ANIL R. DAVE, CJ 4th August, 2008. _________________________ R. SUBHASH REDDY, J GRR