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: 19158 of 2004 BETWEEN: M. Madhava Reddy, s/o Late Narasimha Reddy, R/o H.No. 16-2-741/D/40, Asmangadh, Malakapet, Hyderabad. ... PETITIONER AND 1 The Station House Officer, Dabeerpura Police Station, Hyderabad. 2 The Commissioner of Police, Hyderabad. 3 The Director General and Inspector General of Police, Andhra Pradesh, Hyderabad. 4 The Principal Secretary, Home Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 5 The Director, Central Bureau of Investigation, New Delhi. ...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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus- (i) declaring the inaction of 1st respondent in not investigating the case in Crime No. 14/2004 of P.S. Dabeerpura, Hyderabad for the offences under Sections 120-B, 468, 471, 343, 382, 193, 201, 506 and 500 IPC and the consequential inaction of the respondents 2 to 4 in not transferring Crime No. 14/2004 of P.S. Dabeerpura, Hyderabad to the 5th respondent considering my representations dated 17- 7-2004 and 20-7-2004, as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice; consequently (ii) direct the respondents 2 to 4 to refer my complaint in Crime No. 14/2004 of P.S. Dabeerpura, Hyderabad to the 5th Respondent for investigation; and (iii) pass such other order or orders as the Hon'ble Court deem fit, proper and appropriate in the circumstances of the case. Counsel for the Petitioner: MR.NANDIGAM KRISHNA RAO Counsel for the Respondents: GP FOR HOME MR. C. SADA SIVA REDDY The Court made the following: ORDER: This writ petition has been filed seeking a Writ of Mandamus - (i) to declare the inaction of 1st respondent in not investigating the case in Crime No. 14/2004 of P.S. Dabeerpura, Hyderabad for the offences under Sections 120-B, 468, 471, 343, 382, 193, 201, 506 and 500 IPC and the consequential inaction of the respondents 2 to 4 in not transferring Crime No. 14/2004 of P.S. Dabeerpura, Hyderabad to the 5th respondent considering the representations of the petitioner dated 17-7-2004 and 20-7-2004, as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice; consequently (ii) to direct the respondents 2 to 4 to refer the petitioner’s complaint in Crime No. 14/2004 of P.S. Dabeerpura, Hyderabad to the 5th Respondent for investigation. 2. None appears for the petitioner. 3. Counter has been filed stating that after detailed investigation in Cr.No.14 of 2004 final report has been filed before the XVI Metropolitan Magistrate, Hyderabad on 20.10.2004 vide S.R.No.6534 of 2004 referring the case as a mistake of fact due to lack of evidence. 4. In view of the aforesaid counter, it is for the petitioner to question the said final report before the learned Magistrate. Therefore, I am of the opinion that the petitioner is not entitled for any relief in this writ petition. The writ petition is accordingly dismissed with a liberty to the petitioner to question the said final report. There shall be no order as to costs. ______________ V. ESWARAIAH, J April 24, 2008 DSK