IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO.25265 of 2008 Between: Gyra Yadaiah S/o.Sri Sivaiah R/o.Gowerelli (v) Hayathnagar (M), R.R. District (Cyberabad). ..... PETITIONER AND 1 Circle Inspector of Police, (SHO), Hayathnagar P.S., Cyberabad, Ranga Reddy District. 2 The Deputy Commissioner of Police, L.B.Nagar, R.R. District (East), Cyberabad. 3 The Commissioner of Police, Cyberabad, Hyderabad. 4 Lekkala Vithal Reddy S/o.Narasimha Reddy R/o.Gowerelli (v) Hayathnagar (M), R.R. District (Cyberabad). .....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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the action for not taking the action against the crime FIR No.363/2008, Dt. 06.08.2008 on the file of the Hayathnagar P.S. Cyberabad by the Police Officials and direct the Respondent No.1, 2 & 3 to go through the FIR No.363/2008, dated 6.8.2008 on the file of the Hayathnagar P.S., Cyberabad, and take proper action against the Respondent No.4 herein. Counsel for the Petitioner: MRS.T.R.PADMAJA Counsel for Respondents 1 to 3: GP FOR HOME The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.25265 OF 2008 ORDER: It is the case of the petitioner that he lodged a complaint before the 1st respondent- Circle Inspector of Police (S.H.O.), Hayathnagar Police Station, Cyberabad, on 06.08.2008, against the 4th respondent herein, and the same was registered as Crime No.363 of 2008 for the offence punishable under Section 3 (1) (x) of S.C. & S.T. (Prevention of Atrocities) Act, 1989. The grievance of the petitioner is that no investigation is being conducted into the said crime, in spite of his repeated representations. A detailed counter-affidavit has been filed by the 1st respondent, denying all the allegations made by the petitioner, and it is stated that while the investigation in the aforesaid crime is in progress, the 4th respondent has filed Criminal Petition No.6329 of 2008 before this Court seeking to quash the proceedings against him in the said crime, and the same was disposed of on 30.09.2008 directing the respondent police not to arrest the 4th respondent till filing of the charge sheet. It is further stated that it was revealed from the investigation that the provisions of S.C. & S.T. (Prevention of Atrocities) Act, 1989, do not attract, and only an offence under Section 506 I.P.C. is made out, and therefore, after obtaining legal opinion of the Public Prosecutor, a requisition was sent to the Commissioner of Police, Cyberabad, seeking permission for altering the Section of law. It is further categorically stated that as soon as the permission is obtained from the Commissioner of Police, Cyberabad, necessary action will be taken and appropriate report/charge sheet will be filed before the concerned Court. In view of the above counter averments and in the facts and circumstances of the case, the writ petition is disposed of directing the respondents 1 to 3 to complete the investigation in Crime No.363 of 2008 on the file of P.S. Hayathnagar, and file final report/charge sheet before the competent Criminal Court as expeditiously as possible. There shall be no order as to costs. _________________ JUSTICE C.V. RAMULU 12th December, 2008. IBL