THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.8566 of 2010 Date : 30-8-2010 Between : B.Purushothama Reddy s/o.B.V.R. Reddy Occ: Advocate, High Court of A.P., R/o.Plot No.279, MLA & MPs colony, Road No.10-C, Jubilee Hills, Hyderabad .. Petitioner And Government of Andhra Pradesh, represented by its Principal Secretary, Home Department, Secretariat, Hyderabad and others .. Respondents Counsel for petitioner : Sri M.P. Chandramouli Counsel for respondents : Assistant G.P. for Home The Court made the following order : THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.8566 of 2010 ORDER: This Writ Petition is filed for a mandamus to declare the action of respondents 3 and 4 in not filing final report in Cr.No.91/2008 of Kosigi Police Station as per the Case Diary dated 17-9-2008 and creating a new Case Diary to file charge sheet as arbitrary and illegal. In the manner in which the Writ Petition is proposed to be disposed of, it is not necessary to refer to various allegations raised in the Writ Petition. It will suffice to note that the grievance of the petitioner is that though a final report was proposed to be filed by respondent No.4, respondent No.3, without power or authority, directed respondent No.4 to cause a further investigation before filing appropriate charge sheet before the Court. At that stage, the petitioner filed the present Writ Petition. Respondent No.4 filed a counter affidavit wherein it is inter alia stated that on the directions of respondent No.3, he has caused further investigation and filed charge sheet based on the material available during the investigation. The learned Counsel for the petitioner submitted that though such an averment was made in the counter affidavit of the 4th respondent, the jurisdictional Magistrate has not so far taken the charge sheet on file and that unless the charge sheet is finally taken on file, the petitioner will not be in a position to avail appropriate legal remedy. Inasmuch as the 4th respondent is stated to have already filed a charge sheet, the relief as claimed in this Writ Petition cannot be granted. As a fresh cause of action had arisen for the petitioner in view of the purported filing of the charge sheet, the Writ Petition is disposed of as infructuous with liberty to him to challenge the charge sheet as and when the same is received on file by the jurisdictional Magistrate. However, though the charge sheet is stated to have been filed in April 2010, no proof of the Magistrate taking the same on file is placed by the respondents. Due to the delay on the part of the jurisdictional Magistrate in taking the charge sheet on file, the petitioner cannot be allowed to suffer. Under these circumstances, the respondents 3 to 5 are directed not to arrest the petitioner till the charge sheet is received by the jurisdictional Magistrate on file and the offence is taken cognisance by him. The petitioner shall be free to avail the remedy available to him in law if he feels aggrieved by the filing of the charge sheet by the police. The Writ Petition is accordingly disposed of. As a sequel to disposal of the Writ Petition, W.P.M.P. also is disposed of. No costs. ________________________ Justice C.V.Nagarjuna Reddy Date : 30-8-2010 AM