IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO:26579 of 2008 Between: Cherupalli Venkateswarlu S/o. Veeraiah R/o. Vemulapalli Village and Mandal, Nalgonda District. ..... PETITIONER AND 1 The Station House Officer, Vemulapalli Police Station, Nalgonda District. 2 The Superintendent of Police, Nalgonda, Nalgonda 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 or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in not taking any steps in the mater of investigation relating to a case in Cr.No.41 of 2007 registered U/sec. 143, 447 and 427 of IPC on the file of Vemulapalli Police Station, Nalgonda District, as illegal, arbitrary and consequently direct the respondents to investigate the case in Cr.No.41 of 2007 registered U/sec. 143, 447 and 427 of IPC on the file of Vemulapalli Police Station, Nalgonda District, and file a Final Report. Counsel for the Petitioner:MR.A.PRABHAKAR RAO Counsel for the Respondents:GP FOR HOME The Court made the following : ORDER: This writ petition is filed seeking a mandamus declaring the action of the respondents in not taking steps in the matter of investigation relating to Crime No.41 of 2007 registered for the offences punishable under Sections 143, 447 and 427 IPC on the file of Vemulapalli Police Station, Nalgonda District, as arbitrary and illegal. There is no necessity of going into all the details. In the counter- affidavit filed by the respondents, it is stated that the investigation disclosed that on 02.06.2007 at about 12.00 hours, the alleged accused entered into the batavian garden of the complainant presuming that the said gardens are situated in the assigned lands and erected the Congress party flags with an intention to bring the matter to the notice of the Government, but no offence took place as stated by the complainant. Hence, the complaint of the petitioner was referred as a mistake of fact. Permission was obtained from the Sub- Divisional Police Officer, Miryalaguda Division on 01.12.2008 for referring the complaint of the petitioner as a mistake of fact. Under those circumstances, nothing survives for further adjudication in this writ petition and, therefore, it is liable to be closed. The writ petition is accordingly, closed. However, this will not preclude the petitioner from taking up remedial steps as available under law. No costs. ________________ C.V.RAMULU, J 24th DECEMBER, 2008 kvni