IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND FOUR :PRESENT: THE HON'BLE SRI. DEVINDER GUPTA,THE CHIEF JUSTICE and THE HON'BLE MS. JUSTICE: G.ROHINI WRIT PETITION NO : 13302 of 2003 Between: Bharateeya Bahujan Congress, rep. by its President, T.K.Kodandaram. Petitioner AND 1. The Secretary, Finance Department (Banking), Govt. of India, North Block, New Delhi – 110 001. 2. The Secretary, Home Department, Govt. of India, North Block, New Delhi – 110 001. 3. The Chief Secretary, Govt. of Andhra Pradesh, Secretariat, Hyderabad – 500 004. 4. The Governor, The Reserve Bank of India, Kabe Parade Maidan, Bombay. 5. The General Manager, The Reserve Bank of India, Secretariat Road, Hydeabad – 500 004. 6. The Registrar of Cooperative Societies, Government of Andhra Pradesh, Mojamjahi Market, Hyderabad. 7. The Special Officer, The Prudential Cooperative Bank, Rastapathi Road, Secunderabad. 8. M/s. The Prudential Cooperative Urban Bank Ltd., Rastrapathi Road, Secunderabad, rep. by the Managing Director. 9. The Inspector of Police, CBCID, Saifabad, Hyderabad. 10. The Superintendent, Central Bureau of Investigation, Central Government Office Complex, Koti, Hyderabad. 11. The Executive Officer, Secunderabad Cantonment Board, Court Compound, Secunderabad. 12. Sri P.Venkat Rao, Ex- 4th Ward Member,. Secunderabad Cantonment Board, R/o. Vennala Appt West Marredpally, Secunderabad. 13. Sri P.Vittal Rao, Director, The Prudential Cooperative Urban Bank, Rashtrapathi Road, Secunderabad. 14. M/s. Kollati Constructions Private Limited, rep. by its Director Sri K.Seshagiri, S/o. K.Srinivasarao, Administrative Officer, 604, Chenoy Trade Center, Parklane, Secunderabad. 15. M/s. Anjana Builders, rep. by Sri K.Pavan, R/o. Flat No.3, Shanthideep Colony, Kakaguda, Secunderabad. 16. M/s. Sri V.Raghu, Advocate, R/o. H.No. 4-1-750, Jawaharlal Nehru Road, Hyderabad – 500 001. 17. Sri V.Raji Reddy, Advocate, R/o. H.No. 4-1-750, Jawaharlal Nehru Road, Hyderabad – 500 001. 18. The Station House Officer, P.S. Marredpally, Secunderabad – 26. Respondents (Contd. 2. ) . 2 . 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 WRIT OF MANDAMUS or any other appropriate writ or order declaring the action of the Respondents 1 to 5 in not taking any action against the 12th to 17th Respondents for cheating and misappropriation of funds of the 8th Respondent Bank and also the action of the 7th Respondent in not giving a complaint to the 18th Respondent against the 13th to 17th Respondents as illegal and contrary to law and consequently direct the Respondents 1 to 5 and also the 7th Respondent to initiate criminal action against the 12th to 17th Respondents for cheating and misappropriation of funds of the 8th Respondent Bank to the concerned Police Station viz. 18th Respondent and after issuing F.I.R., the same may be transferred to 10th Respondent for Investigation and further action. The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and the order of the High Court dated 29-10-2003 and made herein and upon hearing the arguments of M/s. M. Venkateswari, Advocate for the petitioner and of Mr. K. Srinivasa Murthy, Advoate for the Respondent No. 4 and of Mr. D.; Suryanarayana, Advocate for Respondent No. 14 and of Mr. N. Vasudeva Reddy, Advocate for the Respondent Nos. 16 & 17 and of Mr. P. B. Vijay Kumar Advodate for the Respondents Nos. 7 & 8. And the Court while directing issue of notice to the Respondent Nos. 1 to 7 herein to show cause as to why this application should not be compiled with, made the following order. “Notice is directed to be served on respondents 1 to 7 only though others have also put in appearance Counter affidavits have been filed by respondents 14, 16 and 17. In view of the fact that notices were directed to be issued only to respondents 1 to 7 and there is no counter affidavit on their behalf, we would like to hear the petitioner for whatever directions that might be required to be issued in this Case. List after two weeks as prayed for.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To, 1. The Secretary, Finance Department (Banking), Govt. of India, North Block, New Delhi – 110 001. 2. The Secretary, Home Department, Govt. of India, North Block, New Delhi – 110 001. 3. The Chief Secretary, Govt. of Andhra Pradesh, Secretariat, Hyderabad – 500 004. 4. The Governor, The Reserve Bank of India, Kabe Parade Maidan, Bombay. 5. The General Manager, The Reserve Bank of India, Secretariat Road, Hydeabad – 500 004. 6. The Registrar of Cooperative Societies, Government of Andhra Pradesh, Mojamjahi Market, Hyderabad. 7. The Special Officer, The Prudential Cooperative Bank, Rastapathi Road, Secunderabad. ( Addresses 1 to 7 BY RPAD) (Contd. 3. ) . 3 . 8. The Managing Director, M/s. The Prudential Cooperative Urban Bank Ltd., Rastrapathi Road, Secunderabad. 9. The Inspector of Police, CBCID, Saifabad, Hyderabad. 10. The Superintendent, Central Bureau of Investigation, Central Government Office Complex, Koti, Hyderabad. 11. The Executive Officer, Secunderabad Cantonment Board, Court Compound, Secunderabad. 12. Sri P.Venkat Rao, Ex- 4th Ward Member,. Secunderabad Cantonment Board, R/o. Vennala Appt West Marredpally, Secunderabad. 13. Sri P.Vittal Rao, Director, The Prudential Cooperative Urban Bank, Rashtrapathi Road, Secunderabad. 14. The Director Sri K.Seshagiri, S/o. K.Srinivasarao, M/s. Kollati Constructions Private Limited, Administrative Officer, 604, Chenoy Trade Center, Parklane, Secunderabad. 15. Sri K.Pavan, M/s. Anjana Builders, R/o. Flat No.3, Shanthideep Colony, Kakaguda, Secunderabad. 16. M/s. Sri V.Raghu, Advocate, R/o. H.No. 4-1-750, Jawaharlal Nehru Road, Hyderabad – 500 001. 17. Sri V.Raji Reddy, Advocate, R/o. H.No. 4-1-750, Jawaharlal Nehru Road, Hyderabad – 500 001. 18. The Station House Officer, P.S. Marredpally, Secunderabad – 26. 19. T h e Presidnet, T. K. Kodandaram, Bharateeya Bahujan Congress. 20. One CC to M/s. M. Venkateswari, Advocate (OPUC) 21. Two spare copies. BV