IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 14149 of 2009 Between: N.Nagabhushanam S/o.Venkateswara Rao Machilipatnam Municipal Employees Mutually Aided Cooperative Credit Society Ltd. R/o.Door No. 23-182-2, Ramanaidupet, Machilipatnam, Krishna District. ..... PETITIONER AND 1 The Machilipatnam Municipal Employees Mutually Aided Cooperative Credit Society Ltd., represented by its Liquidator. 2 Sub-Inspector of Police, Robestsonpet Police Station, Machilipatnam, Krishna District. 3 Kolapalli Harikrishna S/o.Balachandra Rao R/o.Inakudurupeta, Machilipatnam, Krishna District. .....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 any writ order or direction more particularly a writ in the nature of Mandamus by declaring the complaint/FIR in Crime No.62/2009 dated 2.04.2009 of the Rabertsonpet PS, Machilipatnam, Krishna District as illegal, arbitrary and unconstitutional and quash the same. Counsel for the Petitioner:MR.Y.SUBRAHMANYAM Counsel for the Respondent No.: GP FOR HOME The Court made the following : ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{KURR} THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA Writ Petition No.14149 of 2009 ORDER: 1 The petitioner approached this court and filed the present Writ Petition seeking to quash the F.I.R. in Cr.No.62 of 2009 registered by the S.H.O. Robertsonpet, Machilipatnam on 02.04.2009. 2 According to the petitioner the said complaint is politically motivated though the petitioner had not misappropriated any amount and that the said complaint is given only to malign the petitioner’s image. 3 On notice, the Sub Inspector of Police Robertsonpet has filed a detailed counter affidavit wherein it is stated that they registered the said crime basing on the report given by one G. Hari Krishna. It is further stated in the said counter that they have examined about 15 witnesses as L.Ws.1 to 15 who are the depositors and according to them, an amount of Rs.27,10,776/- which was deposited by the depositors has been misappropriated and is not paid to the depositors. It is further stated that investigation in the said crime is in progress and some more witnesses are yet to be examined. 4 In the light of the said averments made in the counter, this court is of the view that this Writ Petition cannot be entertained and accordingly the same is dismissed. The petitioner expressed apprehension that he may be arrested at any time. If that be so, the petitioner has a remedy as provided for under the Code of Criminal Procedure. No costs. ------------------ 20.08.2009 kvsn