IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO.26548 OF 2011 DATED:22.9.2011 Between: Mohammed Habibullah … Appellant And The State of Andhra Pradesh Rep. by its Principal Secretary (Home) Secretariat, Hyderabad and others … Respondents THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO.26548 OF 2011 ORDER: (per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) This public interest litigation is aimed at prosecution of a Deputy Superintendent of Police inter alia on the ground that an accused of a theft could go away with a sentence disproportionate to the gravity of the offence because at the behest of the Deputy Superintendent of Police only 32 grams were shown to have been stolen instead of 128 grams of gold. There is no denying that the crime has clinched in conviction by a competent court of jurisdiction, findings whereof can only be tested by the appellate forum that too in an appeal and not in a public interest litigation. Moreover, there is no material before us which would even point at mala fide dealing on the part of the Deputy Superintendent of Police in the investigation of the crime. Dismissed. In view of dismissal of writ petition we refrain to address ourselves to the credentials and bona fides or otherwise of the writ petitioner. VILAS V. AFZULPURKAR, J NISAR AHMAD KAKRU, CJ 22-9-2011 B. Narsinga Rao