IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 25412 of 2005 Between: Abir Chand Kabra, S/o. Bhojaraj Kabra,` Civil Supplies Contractor, Ranga Reddy Dist, R/o 5-2-781, Risala Abdullah, Hyderabad. ..... PETITIONER AND 1 The State House Officer, P.S. Kushaiguda, Ranga Reddy Dist. 2 The District Manager, A.P. State Civil Supplies Corporation Limited, 4th Floor, Ranga Reddy Dist, Collectorate Compound, Saifabad, Hyderabad-4. 3 The Managing Director, A.P. State Civil Supplies Corporation Limited, Civil Supplies Bhvan, Somajiguda, Hyderabad-4. .....RESPONDENTS 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 a writ or order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the respondents in filing the complaint against the petitioner and registering the same in Crime No.457/2005 dated 25-11-2005 under section 409 of IPC as arbitrary and illegal and consequently direct the respondents not to interfere with stage I contract or the petitioner without following due process of Law. Counsel for the Petitioner:MR.BOLLAM LINGAIAH YADAV Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO 25412 OF 2005 O R D E R: The petitioner seeks to issue a writ of mandamus declaring the action of the respondents in filing the complaint against the petitioner and quash the First Information Report (FIR) in Crime No.457 of 2005 dated 25-11-2005 for the offence punishable under Section 409 of the Indian Penal Code on the file of the Kushaiguda Police Station based on the complaint given by the District Manager, Andhra Pradesh State Civil Supplies Corporation Limited (APSCSCL), Rangareddy District, to take appropriate action for the theft committed by the petitioner. Initially, this Court granted stay on 29-11-2005, which was vacated on 31-7-2007, directing the first respondent to complete the investigation by taking appropriate steps. In view of the aforesaid vacation of the interim orders and as the investigation of a criminal case cannot be stalled preventing the police in taking appropriate action in accordance with law, it cannot be said that on the perusal of the contents of the complaint, no offence is made out. If the contention of the complainant is established or proved, it cannot be said that the petitioner has not committed any offence. Having regard to the facts and circumstances of the case, the writ petition is dismissed. No order as to costs. ________________ V.ESWARAIAH,J Date:19-06-2008 Shr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The State House Officer, P.S. Kushaiguda, Ranga Reddy Dist. 2 The District Manager, A.P. State Civil Supplies Corporation Limited, 4th Floor, Ranga Reddy Dist, Collectorate Compound, Saifabad, Hyderabad-4. 3 The Managing Director, A.P. State Civil Supplies Corporation Limited, Civil Supplies Bhvan, Somajiguda, Hyderabad-4. 4. 2CCs to 5. 2CD copies