IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.5486 of 2007 Between: 1. M. Satyanarayana Raju, S/o. M.V. Raju, R/o. Dumpagadapa, Akiveedu Mandal, West Godavari District. 2. M.Surya Chander Rao, S/o. late Narsimhulu, R/o. Bypass Road, Kaikalur, Krishna District. .....Petitioners And 1. The Government of Andhra Pradesh, represented by its Principal Secretary, Department of Legislative Affairs, Secretariat, Hyderabad. 2. The Legislature Secretariat, represented by its Secretary, Assembly Buildings, Hyderabad. 3. Sri Yerneni Rajaramchander, Kaikalur Assembly Constituency, Kaikalur, Krishna District. .....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 an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the inaction on the part of the respondents 1 and 2 in not initiating any prompt and proper penal action against the 3rd respondent herein for the misappropriation of public funds for collateral purposes by playing fraud as arbitrary, illegal, unjust, in violation of the fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution of India apart from being contrary to the Doctrine of Constitutional Accountability and also contrary to the dicta laid down by the Apex Court in AIR 2003 Supreme Court 2363 and a case of proving the misconduct of the 3rd respondent, who is unbecoming to continue to deal with public funds in any manner whatsoever and also in violation of undertaking given by the Government before this Hon'ble Court in W.P.No.15879 of 2004 and consequentially direct the respondents 1 and 2 herein to initiate action against the 3rd respondent-MLA for the misappropriation of public funds for collateral purposes by playing fraud and pass such other order or orders as are deemed fit and proper in the circumstances of the case. Counsel for the petitioners : Sri S. Ramachandra Rao, Senior Advocate, assisted by Sri K.R.Prabhakar. Counsel for respondent No.1 : Sri A. Satya Prasad, Special Government Pleader Counsel for respondent No.2 : None Counsel for respondent No.3 : Sri Pappu Nageswara Rao The Court made the following : ORDER: (Per Anil R. Dave, C.J.) This writ petition has been filed with a prayer that appropriate proceedings be initiated against respondent No.3, as there is an allegation that he has misappropriated public funds. We have noted the fact that criminal proceedings have already been initiated against respondent No.3. Upon hearing the learned Advocates and upon perusal of the report received from the VI Additional Chief Metropolitan Magistrate, Hyderabad, we find that evidence has been recorded in C.C. No.392 of 2006 pending in the said court and some witnesses were to be examined on 12th November, 2007. Learned Special Government Pleader, Sri A. Satya Prasad has submitted that Prosecutor has already been appointed so that the criminal case can go on. In view of the said fact, we are sure that the learned Magistrate will proceed further with the matter as directed by this Court in Criminal Revision Case Nos.1546 and 1550 of 2007, whereby the trial court has been directed to expedite the hearing of the matter. If, however, there is no Prosecutor, the State shall do the needful to see that a Prosecutor is appointed preferably within fifteen days from today. Looking to the aforesaid direction given by this Court in Criminal Revision Case Nos.1546 and 1550 of 2007 on 13th December, 2007, we are sure, the learned Magistrate will do the needful to proceed further with the matter and that due efforts shall be made by the learned Magistrate to see that the trial is concluded as soon as possible and preferably within three months from the date of receipt of this order, after considering the evidence which might be adduced before the court. In view of the above direction, in our opinion, the grievance ventilated in the petition has been redressed and, therefore, the petition is disposed of. Writ be sent forthwith to the VI Additional Chief Metropolitan Magistrate, Hyderabad. ANIL R. DAVE, C.J. 25th February, 2008 NOOTY RAMAMOHANA RAO, J. ........REGISTRAR To 1. The Principal Secretary to Government, Department of Legislative Affairs, Government of Andhra Pradesh, Secretariat, Hyderabad. 2. The Secretary, Legislature Secretariat, Assembly Buildings, Saifabad, Hyderabad. 3. The VI Additional Chief Metropolitan Magistrate, Criminal Courts, Nampally, Hyderabad. 4. Two copies to Sri A. Satya Prasad, Special Government Pleader, High Court Buildings, Hyderabad. 5. Two CD copies. ARS