THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.17107 of 2009 DATE: 19.08.2009 Between: Yallamilli Ramarao ... Petitioner and The Superintendent of Police, East Godavari District at Kakinada and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.17107 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the inaction on the part of respondents 1 and 2 in investigating Crime No.58 of 2008 registered against respondents 3 to 5, as illegal and arbitrary. 2. According to the petitioner, respondents 3 and 4 have conducted auction for grant of lease of coconut trees at Kotha colony of Komaragiripatnam Gram Panchayat, for a period of three years i.e. from 2008 to 2011. Though he has participated in the said auction and complied with all the required formalities, respondents 3 to 5 granted the lease in favour of some third party, who has not participated in the auction. When he questioned the same, they insulted him and abused him in caste, for which they are liable for prosecution. Therefore, he filed a private complaint before the Additional Judicial Magistrate of First Class at Amalapuram, against the respondents 3 to 5, and the learned Magistrate forwarded the same to the Station House Officer, Allavaram P.S., East Godavari District - 2nd respondent for investigation, who in turn, on 06.08.2008 registered the same as a case in crime No.58 of 2008 for the offences punishable under Sections 420, 506 r/w 34 and Sections 3(ii) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Despite the crime was registered about a year back, the 2nd respondent is not proceeding with the investigation, in collusion with the respondents 3 to 5. Being aggrieved by the same, he filed this writ petition. 3. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Home. 4. The learned counsel for the petitioner has submitted that though the crime No.58 of 2008 was registered against the respondents 3 to 5 on 06.08.2008, the 2nd respondent neither conducted investigation nor apprehended the respondents 3 to 5, though they are very much available in the village, that the petitioner submitted a representation before the 1st respondent on 02.03.2009 about the inaction of the 2nd respondent, but till date, there is no response from the 1st respondent, and therefore, prays to allow this writ petition. 5. Having considered the submissions made by the learned counsel for the petitioner and having regard to the fact that the 2nd respondent registered the complaint of the petitioner as a case in crime No.58 of 2008 on 06.08.2008, this Court is of the view that this writ petition can be disposed with a direction to the respondents 1 and 2 to expedite the investigation in crime No.58 of 2008 registered against the respondents 3 to 5. 6. Accordingly, this writ petition is disposed of directing the respondents 1 and 2 to expedite the investigation in crime No.58 of 2008 registered against the respondents 3 to 5, and file a final report before a competent criminal court either way. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 19th August, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.17107 of 2009 (Disposed of) 19th August, 2009 CBS