IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 25493 of 2005 Between: Smt.Tekkali Vimala W/o.Late Laxman Rao R/o.Pentoor village, Nandigam Mandal Srikakulam district ..... PETITIONER AND 1 The Station House Officer, Nandigama Police Station Srikakulam district at Nandigam 2 The sub-Divisional Police Officer/Dy.Superintendent of Police, Palasa Sub-division, Srikakulam district at Palas 3 The Superintendent of Police, Srikakulam district at Srikakulam 4 The State of Andhra Pradesh, rep.by its Secretary Home Dept., of Home, Secretariat Buildings, hyderabad .....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 to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus directing the inaction of the 1st respondent in not proceeding with the investigation into the Crime No.66/05 on the file of the 1st respondent police station as illegal, arbitrary,unjust and unconstitutional and being violative of Article 14 and 21 of the Constitution of India and statutory provisions of Cr.P.C. and contrary to the pricnicples of natural justice and pass such other order or orders as this Hon`ble Court may deem fit and proper in the interest of justice. Counsel for the Petitioner:MR.S.TULASI DAS Counsel for the Respondents: GP FOR HOME The Court made the following : ORDER: The petitioner seeks to issue a writ of mandamus directing the inaction of the 1st respondent in not proceeding with the investigation into the Crime No.66 of 2005 on the file of the 1st respondent, as illegal and arbitrary. It is the case of the petitioner that having registered the Crime No.66 of 2005 for the offence under Section 3(1) (v), (x) and (xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, there cannot be any justification in not completing the investigation and in not arresting the accused. A counter has been filed by the respondents explaining the delay in registering the crime and stated that it was neither willful nor wanton and the investigation is in progress. Having regard to the facts of the case, there cannot be any justification on the part of the 1st respondent in not proceeding with the investigation and not expediting the investigation. Accordingly, the writ petition is disposed of directing the 1st respondent to complete the investigation, if not already completed and file the final report in Crime No.66 of 2005, if not already filed, within four weeks from the date of receipt of a copy of this order. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:11.03.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}