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.10344 of 2005 Between: Smt. Kodimella Lakshmi Narayanamma, Alias Rachapalli narayanamma, Alias Santhamma, Wife of Srinivasa Raju, aged about 45 years, R/o. Isukapalli Village, Nandalur Mandal, Cuddapah District. ..... PETITIONER AND 1 The Station House Officer, Nandalur Police Station, Nandalur, Cuddapah District. 2 Chokkarpu Venkateswara Raju, S/o. Venkata Raju, aged about 50 years, Fitter in Railways, South Central Railway, Thirupathi, Chittoor District, but residing at Rachapalli Village post, Nandalur Mandal. 3 Chokkarpu Chandra Sekhar Raju, S/o. Venkateswara Raju, Rachapalli Village post, Nandalur Mandal. Cuddapah District. 4 Chokkarpu Subba Lakshumma, W/o. Venkateswara Raju, Hindu, Rachapalli Village post, Nandalur Mandal. Cuddapah District. 5 Chokkarpu Parvathamma, W/o. Chandra Sekhar Raju, Hindu, Rachapalli Village post, Nandalur Mandal. Cuddapah District. .....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 to writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the 1st respondent herein in not filing the charge sheet in Crime No.57 of 2004 (Nandalur P.S.) on the file of Judicial 1st Class Magistrate Court Nandalur as illegal, arbitrary and consequently direct the 1st respondent to file charge sheet and pass such other or further orders as deem fit and proper under the circumstances of the case. Counsel for the Petitioner: MR.S.V.BHATT Counsel for the Respondent No.: GP FOR HOME The Court made the following: Form-NIC-OGS/WP{BJPR} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.10344 of 2005 O R D E R: The petitioner seeks to issue a Writ of Mandamus, declaring the action of the 1st respondent-Station House Officer, Nandalur Police Station, Cuddapah District in not filing the charge sheet in Cr.No.57 of 2004 of Nandalur P.S. on the file of the Judicial First Class Magistrate Court, Nandalur, as illegal and arbitrary, and direct him to file the charge sheet. A counter has been filed, stating that on a private complaint filed before the Judicial First Class Magistrate Court, Nandalur against the unofficial respondents 2 to 5, the learned Magistrate forwarded the said complaint to the 1st respondent-Station House Officer, Nandalur P.S. under Sec.156(3) of Cr.P.C., directing him to conduct enquiry and report, basing on which, a case in Cr.No.57/2004 under Secs.420, 409, 452, 464, 470, 473, 474, 481 and 485 r/w.Sec.149 of IPC was registered on 24.09.2004 and took up investigation. It is stated that the investigation is pending and yet to examine some more witnesses and after completion of investigation, appropriate report will be filed and there is no any negligence or disobedience, and there is no dragging on the investigation and all steps would be taken to complete the investigation as early as possible and charge sheet will be filed. Having regard to the facts and circumstances of the case, I am of the opinion that there cannot be any justification on the part of the concerned Station House Officer in delaying the investigation, as the investigation shall be completed as early as possible without any lapse of time. Accordingly, the Writ Petition is disposed of, directing the 1st respondent-Station House Officer, Nandalur P.S. to complete the investigation and take appropriate steps within a period of two weeks from the date of receipt of a copy of this order, if not already taken earlier. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 24.04.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Nandalur Police Station, Nandalur, Cuddapah District. 2.2CCs to 3.2CD copies