IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 18985 of 2008 Between: M/s. Sarda Agro Oils Limited, Rep. by its Managing Director Sri Jagdish Prasad Sarda, aged about 43 years, R/o. 21-3-140, Tagarikanaka, Hyderabad. ..... PETITIONER AND 1 Deputy Commissioner of Police, South Zone, Diwandewdi, Hyderabad. 2 Assistant Commissioner of Police, Charminar, Hyderabad. 3 Station House Officer, Bahadurpura P.S., Bahadurpura, 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 may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in investigating crime No. 133/2007 on the file of Bahadurpura P.S. as illegal, arbitrary and violative of Art. 14 of the Constitution of India and consequenty direct them to investigate the said crime and file charges sheet. Counsel for the Petitioner:M/S INDUS LAW FIRM Counsel for the Respondents: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.18985 of 2008 ORDER: This writ petition is filed seeking a Mandamus declaring the inaction on the part of the respondents in investigating Crime No.133 of 2007 on the file of Bahadurpura Police Station as arbitrary, illegal and violative of Article 14 of the Constitution of India and consequently direct them to investigate the said crime and file the charge sheet. It appears, on 12.03.2007, when the Managing Director of the petitioner company was abroad, some unscrupulous elements numbering 15 to 20, armed with deadly weapons, trespassed into the premises of the petitioner factory at around 6.30 p.m. and manhandled the security personnel as well as the workers and made them to leave the factory premises by threatening them with dire consequences. Thereafter, the assailants removed machinery and stocks worth Rs.3,05,00,000/-lying in the factory and, as such, one of the worker of the petitioner company approached the 3rd respondent for lodging a complaint, but the same was not even acknowledged, leave alone registering First Information Report. However, the Managing Director of the petitioner company came to India on 15.03.2006 and approached the 3rd respondent for lodging a complaint, but of no avail. Having no other alternative, a private complaint was filed before the learned Chief Metropolitan Magistrate, Hyderabad, on 28.03.2007. The learned Magistrate, after due consideration of the complaint, has forwarded the same to the 3rd respondent, which was registered as a case in Crime No.133 of 2007 under Sections 382, 451 and 452 of I.P.C and investigated into. Thereafter, the 3rd respondent has issued notice dated 04.07.2007 calling upon the Managing Director of the petitioner Company to appear before him along with the relevant documents and witnesses in support of his complaint so as to investigate the crime. The main grievance of the Managing Director of the petitioner company is that though the 3rd respondent has recorded his statement as well as the statements of the staff of the petitioner company in the month of January, 2008, there is no progress in the investigation. Hence, this writ petition. There is no necessity of going into all the details. Learned Government Pleader appearing for the respondents placed before this Court a copy of the final report under Section 173 Cr.P.C. filed before the learned Chief Metropolitan Magistrate, Hyderabad, wherein the referred case was treated as a false case. In view of the above, nothing survives in this writ petition for further adjudication. The writ petition is, accordingly, closed. However, this will not preclude the petitioner from availing the appropriate remedies available to him as per law. _____________ C.V.RAMULU,J 21.11.2008 v v