IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT: THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.18628 of 2010 Between: Chintapudi Atchamma ... PETITIONER a n d The Superintendent of Police, SPSR Nellore District, Nellore and others … RESPONDENTS ORDER: This writ petition has been filed by Chintapudi Atchamma seeking Mandamus declaring the action of the respondents 1 to 3 in omitting to mention the offences under the provisions of the SCs & STs (POA) Act, 1989 in F.I.R.No.57 of 2010 as illegal, arbitrary and violative of provisions of the SCs & STs (POA) Act, 1989. 2. When the writ petition came up for admission, there is no representation on behalf of the writ petitioner. On 02-08-2010 learned Assistant Government Pleader for Home received notice on behalf of the respondents 1 to 3 and sought time for instructions. The learned Assistant Government Pleader, on instructions, reports that the Police completed investigation and filed the final report in the Court of the Judicial Magistrate of First Class, Sullurupet. He also placed on record the copy of the final report. Relevant portion of the final report reads as hereunder: “As per the evidence of LWs.4 to 6 the alleged A.1 Kuni Raja Sekhar did not participate in this offence and further there was alibi to him. Hence, the involvement of Kuni Raja Sekhar was ruled out and his name was deleted as accused from this case. It is also elicited that accused not trespassed into any land and not cause any mischief and not set fire to any dwelling house or other. Only LW-2 and his men set fire to the removed thatched hut with a malicious intention to implicate the accused in arson case. Hence, Sec.447, 427, 436 IPC also deleted from this case. During the course of investigation LW-9 arrested the accused A-1 to A-6 on 27-07-2010 at 10.00 hours in the PS itself and sent for judicial custody along with remand report. LW-8 treated LWs.1 and 3, issued the wound certificates opining that the injuries sustained by LW-1 were simple in nature and the injuries sustained by LW-3 are grievous in nature and the injuries were due to tooth bite. After completion of investigation LW-9 filed charge sheet.” 3. Since the Police completed investigation and filed charge sheet and if the petitioner is aggrieved by any non inclusion of the offences or non- charge sheeting of any of the accused, the petitioner is at liberty to take recourse available under the provisions of Cr.P.C. 4. Accordingly, the writ petition is disposed of. There shall be no order as to costs. ___________________________ B. SESHASAYANA REDDY, J August 16, 2010. PN THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.18628 of 2010 August 16, 2010