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.24839 of 2004 Between: Smt. P. Ganga Devi, W/o. Sambasiva Rao, Hindu, R/o. Adavitakkellapadu Village, Guntur Rural Mandal, Guntur District. ..... PETITIONER AND 1 The Superintendent of Police, O/s. Superintendent of Police, Guntur, Guntur District. 2 The Station House Officer, Guntur Rural Police Station, Near Taluka Centre, Guntur, Guntur District. 3 D. Satyavathi, W/o. Satyanarayana, R/o. Adavitakkellapadu Village, Guntur Rural Mandal, Guntur District. .....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 orders or direction, more particualrly one in the nature of Writ of Mandamus, directing the respondents 1 and 2, to delete Sec.354 I.P.C against the petitioner, from the FIR No.305/04 dated 12-10-2004, registered at Guntur Rural Police Station at Guntur, Guntur District and pass such other order or orders Counsel for the Petitioner:SMT.M.S.TIRUMALA RANI Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.24839 of 2004 ORDER: Petitioner seeks to issue a Writ of Mandamus to direct respondents 1 and 2 to delete Section 354 IPC against the petitioner from FIR No.305 of 2004, dated 12-10- 2004, registered at Guntur Rural Police Station, Guntur. A counter has been filed stating that on a complaint lodged by the 3rd respondent on 12-10-2004 stating that while she was brushing, one Pasupuleti Gangi Raju came into her house and caught hold of her wrist and dragged her out of the house on to the road and that the petitioner and others were waiting on the road with rods and the said persons indiscriminately beat her with hands and legs and torn off her blouse and scolded her in filthy language. Basing on the said complaint, a case in Cr.No.305 of 2004 was registered for the offences punishable under Sections 448, 354 and 323 read with Section 34 IPC and the investigation was completed and charge-sheet was also filed before the Special Mobile Magistrate at Guntur and the same was numbered as PRC No.2 of 2005, dated 23-02-2005 and the same was committed to the Additional Assistant Sessions Judge’s Court at Guntur, vide S.C.No.295 of 2005 and the same is pending for trial. As the charge-sheet has already been filed and the case is pending for trial in S.C.No.295 of 2005, I am of the opinion that the petitioner is not entitled for any relief 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}