IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.1325 of 2005 Between: P. Sambaiah, S/o. Suraiah, R/o. Narasapur, West Godavari District. ..... PETITIONER AND 1The Superintendent of Police, West Godavari District, Eluru. 2The Sub-Divisional Police Officer, Narasapur, West Godavari District. 3The Station House Officer, Poduru, West Godavari District. 4Nagireddy C/o. Reddy and Reddy Imports & Exports, Fertilizers Food Company, Palakol Branch, Palakol, W.G. District 5Krishna Reddy C/o. Reddy and Reddy Imports & Exports, Fertilizers Food Company, Palakol Branch, Palakol, W.G. District 6Sri Rama Reddy C/o. Reddy and Reddy Imports & Exports, Fertilizers Food Company, Palakol Branch, Palakol, W.G. District 7Venkata Reddy C/o. Reddy and Reddy Imports & Exports, Fertilizers Food Company, Palakol Branch, Palakol, W.G. District 8Satyanarayana C/o. Reddy and Reddy Imports & Exports, Fertilizers Food Company, Palakol Branch, Palakol, W.G. District 9Sameyul C/o. Reddy and Reddy Imports & Exports, Fertilizers Food Company, Palakol Branch, Palakol, W.G. District RR 4to9 are impleaded as per court order dt. 10-2-2005 in WPMP 2499 of 2005 .....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 a writ of mandamus or any other appropriate Writ order or direction declaring the action of the respondent in not conducting the investigation and apprehending the accused in Crime No. 73/2004 on the file of the 3rd Respondent and in not submitting enquiry report to the Court required to be submitted Under Sec.173 of code of Criminal procedure as illegal, arbitrary and unjut and issue consequential direction to the Respondents to conduct investigation and submit final report to the Court duly apprehending the accused and pass such other order or orders Counsel for the Petitioner:MR.K.CHIDAMBARAM Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.1325 of 2005 ORDER: Petitioner seeks to issue a Writ of Mandamus declaring the action of the respondents in not conducting investigation in Cr.No.73 of 2004 on the file of the Station House Officer, Poduru, West Godavari District, as illegal and arbitrary and consequently direct the respondents to conduct investigation and file final report. A counter has been filed stating that the investigation has already been completed and final report under Section 173 Cr.P.C. was filed before the Judicial First Class Magistrate, Palakol, West Godavari District on 07-03- 2005. In view of the aforesaid facts and circumstances of the case, I am of the opinion that nothing survives in the writ petition. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________ 24-04-2008 Prv .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}