IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 9682 of 2009 Between: 1. M./s.Anmlex Kollri Building Solution a Private Limited rep. by its managing Director Mr.Biswas Kolleri, 2-B, 3rd floor, Varun Towers-I, Begumpet, Hyderabad 2. Mnr.Biswas Kolleri S/o.Gopala Krishna,Managing Director, M/s.Anmlex Kolleri Building Solutions Private Limited 117, Anand Nagar colony, Hyderabad ..... PETITIONERS AND 1 State of AP through P.S.W.C.O.,Team V of CCS DD. Hyderabad, City Police, Hyderabad 2 Maheswara Reddy Gajhjala S/o.Late Rami Reddy, R/o.Flat No.3E, Atlas Apartments, Rainbow Hospital Road No.10,Banjara Hills, Hyderabad .....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 issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 1st respondent in not filing the investigation report in Crime No.235/2008 W.C.O., Team V CCS DD, Hyderabad City Police as illegal, and unconstitutional consequently directing the 1st respondent to file the above said report at the earliest Counsel for the Petitioners: MR.A.HANUMANTHA REDDY Counsel for Respondent No.1: GP FOR HOME The Court made the following : THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No: 9682 of 2009 ORDER:- In this writ petition the only relief, which the petitioners have been claiming, is to direct respondent No.1 to file investigation report before the jurisdictional Magistrate in Crime No.235 of 2008. Sri B.Kamalakar Reddy, Inspector of Police, W.C.O. Team V of C.C.S.D.D. Hyderabad City Police, filed a counter-affidavit, wherein it is inter alia stated that on the complaint given by respondent No.2, crime No.235 of 2008 for the offences under Sections 406, 420, 468, 471 and 120(b) IPC of W.C.O. Team V, C.C.S.D.D., Hyderabad, was registered against the petitioners. The deponent to the counter-affidavit also delved into the various acts allegedly committed by the petitioners, which constituted offences. For the purpose of disposal of this writ petition, it is not necessary to refer in detail to the said facts. It will suffice to note that the investigating officer stated that the incriminating material was sent for the opinion of Forensic Science Laboratory and that the report from the said laboratory is awaited. He stated that soon after receipt of the said report, further action would be taken. Having regard to these averments contained in the counter- affidavit, I do not find any reason to give directions to respondent No.1 at the instance of the petitioners, who are accused in criminal case. It is, however, needless to observe that respondent No.1 will file appropriate charge sheet/final report before the jurisdictional Magistrate, after completing the investigation with reasonable expedition. Subject to the above observations, the writ petition is dismissed. As a sequel to dismissal of the writ petition, WPMP.No.12605 of 2009 filed by the petitioner for interim relief is dismissed as infructuous. ____________________________ C.V. NAGARJUNA REDDY, J. 9th June, 2009 lmv/es THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No: 9682 of 2009 9th June, 2009 lmv/es