IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.8151 of 2007 Between: Kambam Balayogi … Petitioner And The State of A.P., rep., by its Principal Secretary to Home Department, Secretariat, Hyderabad & others. … Respondents Counsel for the Petitioner: Sri Satyanarayana Nimmagadda Counsel for the respondents: AGP for Home The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.8151 of 2007 ORDER: At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a Mandamus to declare the inaction of the respondents in investigating Crime No.130 of 2006 on the file of respondent No.5 police station, as illegal and arbitrary. The petitioner sought for a direction to the respondents to undertake, complete the investigation, arrest the culprits and file charge sheet. I have heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home. The petitioner alleged that his daughter by name Kambam Roja, who was 17 years of age and pursuing PGDCA computer course in Hita Institute at Nuzvid, was forcibly taken by one Kiran Kumar, his elder brother Kishore and their maternal uncle Peter on the pretext of computer education at Vijayawada, that the said Kiran Kumar committed rape on the petitioner’s daughter with the help of his elder brother and maternal uncle and that all of them forcibly obtained the signature of his daughter on white papers and left her by threatening to kill her and her family members. The petitioner lodged a report to respondent No.5 on the said incident on 28.02.2006 with copies marked to respondent Nos.3 and 4 with a request to take action, but no action has been taken except registering the crime as FIR No.130 of 2006. At the hearing, the learned Assistant Government Pleader for Home, on instructions, submitted that initially FIR was registered for the offence under Section 366-A and that later it was altered by adding Sections 376 and 506 read with Section 34 IPC. She further stated that the accused was absconding, that as a part of investigation, the police arrested the accused and remanded them on 04.05.2007 and that accused No.1, a minor being 16 years of age, was sent for potency examination by a competent doctor. She further stated that as on 07.06.2007, when she received instructions, the medical reports were not received on account of which, the police could not file the charge sheet or appropriate report and that she does not have the information regarding the present status of the investigation/criminal case. Having regard to the above facts, I find it appropriate that if investigation is not completed and charge sheet is not filed, the same shall be completed and charge sheet filed within a period of two months from today. Subject to the above directions, the writ petition is disposed of. As a sequel to disposal of the writ petition, WPMP.No.10464 of 2007 filed by the petitioner for interim relief is disposed of as infructuous. __________________________ C.V.NAGARJUNA REDDY, J Date: 14.06.2010. ES