IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5073 of 2009 Between: Kurva Maddamma W/o. Kurva Anjaneyulu R/o. Manyampet Village, Itikyala Mandal, Mahabubnagar District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad. 2 The Superintendent of Police, Mahabubnagar. 3 The Inspector of Police, Gadwal Mahabubnagar District. 4 The S.I. of Police, Gadwal P.S. Rural, Mahabubnagar. .....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 issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in investigating the cr.No.34 of 208 of Ps., Rural Gadwal, Mahabubnagar District, is illegal, arbitrary and violative of Article 14 and 21 of the constitution of India and direct the respondents to investigate the offence and prosecute the accused by laying charge sheet and punish them as per law. Counsel for the Petitioner: MR.M.ACHUTA REDDY Counsel for the Respondent No.: GP FOR HOME The Court made the following : O R D E R:- The petitioner asserts that she is the mother of the deceased-Kurva Hussain, who was murdered by Hussain Miya and four others. She states that based on a complaint lodged by one Kurva Venkatramulu, the Assistant Sub-Inspector of Police, Gadwal Rural, on 11.04.2008, registered a case in Cr.No.34 of 2008 against the suspects under Section 174 Cr.P.C. Now, the grievance of the petitioner is that though one year has lapsed since the registration of the crime, the official respondents have not completed the investigation and filed charge sheet, as a result, the accused are freely moving in the village, and posing imminent danger to the life of both the petitioner and the members of her family. The 4th respondent-Sub-Inspector of Police filed counter affidavit inter alia denying the averments made in the affidavit filed in support of the writ petition and stated that during the course of investigation, he examined seven witnesses and recorded their statements and inquest was also conducted over the dead body of the deceased and thereafter, the body of the deceased was sent for Post Mortem Examination. He has also stated that the suspects were also summoned to the police station and interrogated and his enquiry further revealed that a case in Cr.No.12 of 2008 for the offences punishable under Sections 302 and 201 read with 34 IPC was registered on the file of Kondapur Police Station, in which the husband and the son of the petitioner were shown as prime accused. The investigation in this case is still in progress, and no clues are forthcoming pointing to the suspicion or alleged involvement of the persons in the murder, and if they get any clues, they would take necessary action against them. Having heard the learned counsel for the petitioner and the learned Government Pleader for Home appearing on behalf of the respondents and in view of the specific averments made in the counter affidavit particularly the fact that the investigation of the case is still in progress and no clues are forthcoming, and having regard to the stand taken by them that if they get clues, they would take necessary action against the culprits, no further orders are necessary in this writ petition, and accordingly, the same is closed. No costs. ______________ N.V.RAMANA, J 15th April, 2009 bcj