IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.22651 of 2004 Between: Prakash Kothair S/o.Seshmal Kothari 120,Samadi Ward, Chandrapur Town&Dist, Maharashtra State. ..... PETITIONER AND 1 The Inspector of Police, P.S.Ichoda, Adilabad Dist. 2 Mahmood Khan S/o.Mahaboob Khan Ichoda Vg.&Mandal, Adilabad Dist. 3 Aziz Khan S/o.Daulat Khan 114,Subhashnagar, Ichoda Vg,&Mandal, Adilabad Dist. .....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 a writ, order or direction more in the nature of writ of CERTIORARI call for the records relating to FIR No.116 on the file of P.S.Ichoda and QUASH the same by duly declaring the initiation of proceedings by the 2nd respondent and also registration of a case in Cr.No.116/U/Sec. 392 IPC by the first respondent after reference of the matter U/Sec. 156(3) Cr.P.C. by the JFCM, Boath as illegal, arbitrary and a clear case of abuse of process of law and court and pass such other order or orders. Counsel for the Petitioner:MR.V.RAVI KIRAN RAO Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.22651 of 2004 ORDER: Petitioner seeks to issue a Writ of Certiorari to quash FIR No.116 on the file of the 1st respondent for the offence punishable under Section 392 IPC. Initially, this court while issuing notice before admission on 08-12-2004, granted interim stay of further proceedings including arrest of the petitioner in FIR No.116. Thereafter, respondents 2 and 3 herein filed W.V.M.P.No.2308 of 2005 to vacate the said interim order. This court through order, dated 23-08-2005, modified the interim order stating that there shall be stay of arrest of the petitioner in connection with Cr.No.116 of 2004 until further orders. However, it shall be open to the first respondent to complete investigation and file charge-sheet/report under Section 173 Cr.P.C. within a period of eight weeks. Learned counsel appearing for the petitioner submits that the investigation has been completed and final report has also been filed in favour of the petitioner. I am not inclined to express any opinion as to whether the final report has been filed or not. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the 1st respondent to file final report, if not already filed, and the interim stay of arrest granted by this court on 23- 08-2005 shall continue until final report is filed. There shall be no order as to costs. ___________ 24-04-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MVK}