IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 20554 of 2004 BETWEEN: G. Mallesha, S/o. Beerappa, R/o. Brahmanapalli Village, Hayathnagar Mandal, Ranga Reddy District. ... PETITIONER AND 1 The Commissioner of Police, Cyberabad. 2 S.H.O., Hayathnagar PS RR District. 3 Revenue Divisional Officer, Hayathnagar, 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 may be pleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the Respondent No. 2 in not closing the Cr.No.507/2004 on the file of second respondent registered under Sec.363 IPC in spite of the petitioners statement that he has not been abducted by any person and further direct the second respondent to close the crime and pass such other order or orders. Counsel for the Petitioner: MR.C.RAGHU Counsel for the Respondents 1 & 2: GP FOR HOME Counsel for the Respondent No.3: GP FOR REVENUE The Court made the following: ORDER: Petitioner seeks a Writ of Mandamus to declare the action of the Station House Officer, Hayathnagar, in not closing the case in Cr.No.507 of 2004 registered fro the offence under Section 363 of the Indian Penal Code in spite of his statement that he has not been abducted by any person. 2. It is not in dispute that the wife of the petitioner namely, Smt. Gorige Neelamma, lodged a complaint on 12.10.2004 alleging that some unknown persons kidnapped her husband – petitioner herein, from their residence at Brahmanapally Village and that she also received threatening calls from Cell Phone Nos.94400 84699 and 94400 28331. Based on the said complaint a case in Cr.No.507 of 2004 for the offence under Section 363 IPC was registered by the second respondent. 3. A status report has been filed stating that the petitioner was traced on 09.11.2004 in NTR Trust Bhavan, Banjara Hills and his statement was recorded. During the course of the investigation other penal sections were added and the statement of the petitioner was also recorded under Section 164 of the Code of Criminal Procedure on 09.11.2004. As per the statement of the petitioner, he was kidnapped and his signatures were forcibly taken move no-confidence motion against the MPP, Hayathnagar. After completion of investigation, the charge sheet has been filed in the said case for the offence under Sections 365 and 384 IPC against two accused on the file of the Judicial First Class Magistrate, East and North, L.B. N agar, Ranga Reddy District on 30.06.2005 and the same was taken on file vide C.C.No.233 of 2007, which is pending. 4. In view of the aforesaid facts and circumstances, as the investigation is already over and charge sheet is also filed, I am of the opinion that this court cannot decide the criminal liability of the accused without there being any enquiry and trial conducted by the concerned Court, therefore, the petitioner is not entitled to any relief in this writ petition. The writ petition is accordingly dismissed. There shall be no order as to costs. ______________ V. ESWARAIAH, J July 14, 2008 DSK