IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 27471 of 2005 BETWEEN: Manepalli Udaya Kiran, S/o Venkateswara Rao, R/o H.No.24B-1- 4/7, Ponugantivari Street, R.R. Pet, Eluru, West Godavari District. ... PETITIONER AND 1 The State of Andhra Pradesh, represented by Superintendent of Police, West Godavari, Eluru, West Godavari District. 2 The Deputy Superintendent of Police-cum-Sub Divisional Police Officer, Eluru, West Godavari District. 3 The Station House Officer, II Town Law & Order Police Station, Eluru, West Godavari District. 4 Urumu Naga Venkata Somasekhar, S/o Veerabhadra Rao, R/o Near Shivalayam, Shanivarapupeta, Eluru, West Godavari 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 may be pleased to issue order or orders, direction or directions, writ or writs, particularly one in the nature of writ of mandamus declare the inaction of the respondent Nos.1 to 3 not conducting proper investigation basing on the complaint filed by the petitioner in F.I.R.No.322/2005 on the file of II Town Law & Order Police Station, Eluru, West Godavari District as illegal, arbitrary, against the provisions of Criminal Procedure Code and violative of Article 21 of the Constitution of India, consequently direct the respondent Nos.1 to 3 to take up the proper investigation immediately in the Cr.No.322/2005 on the file of II Town Law & Order Police Station, Eluru, West Godavari District and to pass such other orders as are necessary in the interest of justice. Counsel for the Petitioner: MR.K.L.N.SWAMY Counsel for the Respondents 1 to 3: GP FOR HOME The Court made the following: ORDER: The only grievance of the petitioner is that there cannot be any justification on the part of the respondents 1 to 3 in not conducting investigation in respect of Cr.No.322 of 2005 on the file of the II Town, Law & Order Police Station, Eluru. 2. Counter has been filed stating that after registering the case in Cr.No.322 of 2005 for the offence under Sections 448, 427 read with Section 34 of the Indian Penal Code, the fourth respondent was arrested on 18.01.2006 and remanded to judicial custody and other unknown offenders are yet to be arrested and all possible steps are being taken by the Investigating Officer to arrest the remaining unknown offenders. 3. Having regard to the facts and circumstances of the case, the respondents are directed to expedite and complete the investigation without any undue delay, if not already completed, and file a final report/charge sheet as the case may be within a period of four weeks from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J July 10, 2008 DSK