IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY FRIDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TEN WRIT PETITION No.26971 of 2006 Between: Bhukya Neela, W/o.Bhukya Bhuro, age:30 years, Occ:Agricultural Coolie, R/o.Hemla Thanda, Medlaheruvu Mandal, Nalgonda District. … Petitioner And The Superintendent of Police, Nalgonda, And others. … Respondents Counsel for the petitioner : Sri G.L.Narasimha Rao. Counsel for respondent Nos.1 to 3: G.P for Home Counsel for respondent Nos.4 to 7: Sri Palle Nageswara Rao This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.26971 of 2006 ORDER: This writ petition is filed for a mandamus to direct respondent No.1 to refer FIR No.97 of 2006 to CBCID for investigation. The Circle Inspector of Police, Huzurnagar Circle, under whose jurisdiction respondent No.3 Police Station falls, filed a counter affidavit, wherein it is, inter alia, stated that he has completed investigation and filed charge sheet in the Court of Judicial First Class Magistrate, Huzurnagar, on 31.12.2006, against accused No.1 while excluding accused Nos.2 to 4 from the charge sheet. Though this counter affidavit was filed long time back, no reply affidavit is filed by the petitioner. If charge sheet is filed against one accused deleting other accused from the case, the cause in the writ petition does not survive for adjudication. If the criminal case is still pending, and the petitioner feels aggrieved by the deletion of accused Nos.2 to 4 from the case, she is entitled to avail appropriate remedy by filing a protest petition before the jurisdictional Magistrate. Subject to the above observation, the writ petition is disposed of as infructuous. _____________________________ C.V. NAGARJUNA REDDY, J 30.07.2010 vs