IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 18859 of 2008 Between: K.Rajappa S/o.Thimmanna Lakshmipuram(V) Kuppam(M) Chittoor District ..... PETITIONER AND 1 State of Andhra Pradesh by its Secretary To Government,Home Department, Secretariat, Hyderabad 2 The Superintendent Of Police Chittoor District,Chittoor 3 The S.I of Police Kuppam P.S Kuppam,Chittoor District 4 The Circle Inspector of Police Kuppam Circle,Kuppam,Chittoor District 5 B.N Venugopal@ Venappa S/o.Nethappa R/o.Bayyanur(V) Dasagownur Post Kuppam(M) Chittoor District 6 Smt. B.V.Munirathanamma@ Papayamma W/o. B.N.Venugopal(R-5) Bayyanur (V) Dasahownur Post Kuppam(M) Chittoor District 7 Smt Eswaramma W/oGanesan Paibata Old Peta Kuppam Chittoor District 8 Chitti Babu S/o.Late V.Ramaswamy with trailor No.AP 03 U 36, D-4/131/1 Oldpet, Kuppam,Chittoor District 9 Rama Murthy S/o.Govindappa with Trailor No.AP 26D 1828 D-14/215/1 Police, Compound Kuppam Chittoor District 10 Hanumappa @ Tilalu S/o.Not Known No KA 0146243 Samaguttapalli(V) Lakshmipuram Post,Kuppam(M) Chittoor 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 will be pleased to to issue writ order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the respondents 3&4 for not registering FIR dt 19-5-2008 in Cr No.62/08 according to the petitioner's complaint dt 11-5-2008 and for ignoring the directions of respondent No.2 as illegal improper and not in accordance with law and procedure in the matter of not arresting all the respondents 5 to 10 and causing seizure and custody of Material obejects used in the oﬀence ie 3 nos of tractors with the Trailors I) AP 27 T 8733;2) AP 03 U 336 3) AP 26 D 1828 4) JCB No. KA/04/6243 belonging to respondents 6 to 10 respectively till date and consequently directing the respondents 3and 4 to take immediately action by registering the case as per complaint dt 11-5-2008 and pass Counsel for the Petitioner: MR.K.SRINIVASA VARADA CHARY Counsel for Respondent Nos.1 to 4: GP FOR HOME Counsel for Respondent Nos.5 and 6: Mr.S.V.MuniReddy Counsel for Respondent Nos.7 to 9: Mr. S.V.Bhuvaneswari The Court made the following Order: THE HON’BLE MS. JUSTICE G. ROHINI WRIT PETITION No.18859 of 2008 ORDER: The petitioner lodged a complaint dated 11.05.2008 before third respondent making allegations against respondent Nos.5 to 10. On the basis of the same Crime No.62 of 2008 was registered. While further proceedings are in progress, the present writ petition has been ﬁled alleging that fourth respondent failed to register F.I.R. (ﬁrst information report) as per the complaint lodged and that he also failed to take necessary steps for arrest of the accused. Various other allegations have also been so far as the procedure adopted by respondent Nos.3 and 4 in conducting the investigation. Hence, the present writ petition seeking a declaration that the action of respondent Nos.3 and 4 is arbitrary and illegal. However, learned Government Pleader for Home, under instructions, states that pursuant to the complaint lodged by the petitioner, after completing the enquiry in F.I.R.No.62 of 2008, a charge sheet has already been ﬁled on 04.06.2008 in the Court of the Judicial First Class Magistrate, Kuppam, and accordingly C.C.No.141 of 2008 has been taken on file. Having regard to the fact that the matter is seized by the Magistrate having jurisdiction, it is not necessary for this Court to express any opinion on various allegations made by the petitioner. Accordingly the petitioner is granted liberty to make an appropriate application before the learned Magistrate pointing out the discrepancies allegedly committed by respondent Nos.3 and 4 in registering the crime as well as conducting investigation. If any such application is made the same shall be considered by the learned Magistrate following due process of law. The writ petition is accordingly disposed of. No costs. _____________ (G. ROHINI, J) 29th September, 2008 GHN To 1 State of Andhra Pradesh by its Secretary To Government,Home Department, Secretariat, Hyderabad 2 The Superintendent Of Police Chittoor District,Chittoor 3 The S.I of Police Kuppam P.S Kuppam,Chittoor District 4 The Circle Inspector of Police Kuppam Circle,Kuppam,Chittoor District 5 Two CCs to GP for Home 6 Two CD copies Form-NIC-OGS/WP{BMR}