IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 24639 of 2005 BETWEEN: Hussain Khan, S/o Mansoor Khan, R/o H.No.17-4-454, Arab Galli, Rain Bazar, Yakutpura, Hyderabad. ... PETITIONER AND 1 The Commissioner of Police, Hyderabad. 2 The Station House Officer, Rain Bazar Police Station, 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, in the nature of mandamus, declaring the action of the respondent authorities in not filing the charge sheet after completing investigation in respect of Crime No.113/2005 on the file of the Station House Officer, Rain Bazar Police Station, Hyderabad as being illegal, arbitrary, capricious, malafide and further direct the respondents to file the charge sheet forthwith; and pass such other or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.SYED SHAREEF AHMED Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER: Petitioner seeks a Writ of Mandamus to declare the action of the respondent authorities in not filing the charge sheet after completing investigation in respect of Crime No.113/2005 on the file of the Station House Officer, Rein Bazar Police Station, Hyderabad as being illegal, arbitrary, capricious, malafide and further direct the respondents to file the charge sheet forthwith. 2. Counter has been filed stating that on a telephone call received by the Assistant Sub-Inspector of Police, Rein Bazar, at about 4 AM that one Irfan Chaush has fired four rounds at one Mohd. Hussain Khan – petitioner herein at Arab Galli near Kalli Masjid, the said information was entered into the general diary and caused enquiries. The enquiry so caused revealed that the petitioner sustained bleeding injury to his right lower leg and accordingly, lodged a complaint on 13.06.2005 to the second respondent based on which a case in Cr.No.113 of 2005 under Sections 307 of the Indian Penal Code, 1860 and Section 27(1) of the Indian Arms Act was registered and investigation was taken up. It is stated that as on the date of filing counter i.e. 28.11.2005 eight witnesses have been examined and their statements were recorded. It is stated that the investigation has been completed and articles seized were sent for Forensic Science Laboratory and the opinion is awaited. It is stated that charge sheet will be filed immediately after obtaining the permission from the first respondent. 3. In view of the fact that the investigation is said to have been completed long back, I am of the opinion that the second respondent can be directed to file a charge sheet/Report. The writ petition is accordingly disposed of directing the second respondent to file a charge sheet/final report, if not already filed, within three weeks from the date of receipt of a copy of this order. There shall be no order as to costs. ______________ V. ESWARAIAH, J May 1, 2008 DSK