IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 8000 of 2005 Between: Mirza Jahangir Baig, S/o. Mirza Akber Baig, R/o. 19-2-610/2/A, /Doodbowli, Hyderabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by Pincipal Secretary, Home Department, Secretariat, Hyderabad. 2 The Commissioner of Police, Hyderabad. 3 The Deputy Commissioner of Police, South Zone, Hyderabad. 4 C. Uday Bhaskar Reddy (C.I), Chandrayangutta Police Station, Hyderabad. .....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 issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd and 4th respondents in not investigating into the case, not conducting panchanama or enquiry or seized any material objects to prove the case of the Petitioner ashighly illegal, arbitrary, against the Rules, Violative of Articles 19 and 21 of the Constitution of India consequently direct the Respondents 1 to 3 take cognizance of the offences against the Accused persons shown in the complainant of the petitioenr and to pass suchother order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.ASADULLA SHAREEF Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.8000 of 2005 ORDER: Petitioner seeks to issue a Writ of Mandamus declaring the action of respondents 3 and 4 in not investigating the case, pursuant to the complaint filed by him against the accused persons, as illegal and arbitrary. A counter has been filed stating that the petitioner filed a private complaint before the III Metropolitan Magistrate, Hyderabad. Upon receipt of the said complaint, the III Metropolitan Magistrate, Hyderabad, forwarded the same to the 4th respondent under Section 156(3) Cr.P.C. for investigation and report. Basing on the said complaint, a case in Cr.No.179 of 2004 for the offences punishable under Sections 307, 382, 506 and 120-B IPC was registered on 03-09-2004 and the investigation has been completed and final report was also filed before the III Metropolitan Magistrate, Hyderabad on 29- 07-2005. As the investigation has been completed and final report has also been filed, I am of the opinion that no orders are required to be passed in the writ petition. Accordingly, the writ petition is dismissed with liberty to question the final report. There shall be no order as to costs. ___________ 30-04-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}