IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 10047 of 2004 Between: M. Madhava Reddy S/o. Narasimha Reddy, 16-2-271/D/40, Asmangadh, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Ramgopalpet Polaice Station, Sec'bad. 2 the Dy. Commissioner of Police, Central Zone, Hyd. 3 The Commissioner of Police, Basheerbagh, Hyd. 4 The Director General of Police, A./P. Lakdikapul, Hyd. .....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 to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus: 1. declaring the inaction of the 2nd respondent in not registering a crime pursuant to the orders passed by the XI M.M. Secunderabad in DF NO. 8262 of 2002 dt. 27.7.2002 for the offence under Sections 120(B) , 147, 341, 383, 427, 452, 468 and 471 IPC as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice and against the mandatory provisions of the Criminal Procedure Code; consequently. ii. direct the 2nd respondent to forthwith register a crime pursuant to the complaint referred to him by the Hon'ble XI M.M. Sec'bad through orders in CF 8262/2002 dated 27.7.2002 and investigate the same and file a final report before the Hon'ble XI Metropolitan Magistrate, Secunderabad in terms of the orders passed by him; and Counsel for the Petitioner:MR.NANDIGAM KRISHNA RAO Counsel for the Respondents: GP FOR HOME The Court made the following : ORDER: The petitioner seeks to issue a writ of mandamus declaring the inaction of the 2nd respondent in not registering the crime pursuant to the orders passed by the XI Metropolitan Magistrate, Secunderabad in CF No.8262 of 2002, dated 27.07.2007, as illegal and arbitrary and consequently to direct him to register a case and investigate the same. The learned Government Pleader for Home submits that pursuant to the private complaint referred to by the XI Metropolitan Magistrate, Secunderabad in CF No.8262 of 2002 and C.F.No.8264 of 2002, dated 27.07.2007, it was not traced out in the office earlier and after receiving the xerox copy of the said private complaint from the petitioner, Crime Nos.278 of 2004 and 279 of 2004 were registered and submitted the original complaints to the criminal Court. In view of the registration of the crimes and in view of the interim orders passed by this Court on 28.06.2004, no further orders are required to be passed in this writ petition. But, however, it should be observed that there cannot be any justification on the part of the first respondent in not registering the cases pursuant to the reference of the private complaint. Having regard to the facts of the case, the writ petition is dismissed. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:17.04.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{JGK}