IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 14613 of 2009 Between: Simhadri Venkateswarlu, S/o. Venkata Raju, R/o. Poduru Village and Mandal, West Godavari District. ..... PETITIONER AND 1 The Government of Andhra Pradesh Rep by its Secretary, Home Department, Secretariat, Hyderabad. 2 The District Magistrate, West Godavari District, Eluru. 3 The Superintendent of Police, West Godavari District, Eluru. 4 The Sub Divisional Police Officer, Narsapur Sub Division, Narsapur, West Godavari District. 5 The Inspector of Police, DCRB, Eluru, West Godavari Ditrict,. 6 The Station House Officer, Tanuku, West Godavari Ditrict,. .....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 a writ of Mandamus or any other appropriate writ, order or direction declaring the action of the respondents 2 to 6 in not conducting any investigation in Crime No. 29/2009 on the file of the Station House Officer, Poduru (Transferred to SHOTanuku) and in not taking any action against accused under Sec. 3 of AP Protection of Depositors of Financial Establishments Act 1999 as illegal, arbitrary and unconstitutional and consequently direct the 1st respondent to entrust the investigation in the said crime to the CID or any other State Organisation Counsel for the Petitioner:MR.K.CHIDAMBARAM Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 14613 of 2009 ORDER: 1 The petitioner approached this court and filed the present Writ Petition with the following prayer: For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon'ble Court may be pleased to issue a writ of Mandamus or any other appropriate writ, order or direction declaring the action of the respondents 2 to 6 in not conducting any investigation in Crime No. 29/2009 on the file of the Station House Officer, Poduru (Transferred to SHOTanuku) and in not taking any action against accused under Sec. 3 of AP Protection of Depositors of Financial Establishments Act 1999 as illegal, arbitrary and unconstitutional and consequently direct the 1st respondent to entrust the investigation in the said crime to the CID or any other State Organisation and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. 2 On instructions, the learned Assistant Government Pleader submitted that originally a case in Cr.No.29 of 2009 was registered by Poduru police for the offence punishable under Sections 406 and 420 of IPC. Thereafter for want of jurisdiction the said case was transferred to Tanuku Town Police station on 21.03.2009 and there it was registered as a case in Cr.No.62 of 2009 for the very same offences and the petitioner was examined and his statement was also recorded. The learned Assistant Government Pleader further submitted that on receipt of documentary evidence etc, the other witnesses will be examined and the matter will be investigated into. 3 In the light of the said instructions, this court is of the view that this Writ Petition can be disposed of with a direction to the Tanuku Town Police to complete the investigation at the earliest and file a final report before the competent Criminal court, preferably within a period of six months. 4 The Writ Petition is accordingly disposed of. No order as to costs. -------------------- kvsn 26.08.2009