IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 1122 of 2008 Between: Md.Abdul Ghani S/o.Hussain Sab, R/o.H.No.5-3-51, Golakhana village Bidar, Karnataka State ..... PETITIONER AND 1 The State of Andhra Pradesh, rep. by the Principal Secretary to Government, Home Department, Secretariat Buildings, Secretariat, Hyderabad- 500022 2 The Superintendent of Police, Medak District O/o. The Superintendent of Police, Medak at Sangareddy 3 The Station House officer, Hadnoor Police station Nyalkal Mandal,Medak District 4 The Sub Inspector of Police, Hadnoor Police station Nayalkal Mandal, Medak 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 issue an order or direction more in the nature of writ of mandamus declaring the action of the respondents in not taking any action in FIR No.80/2007 dated 6.12.2007 as illegal, arbitrary, and violative of rights guaranteed under Article 14,19,21 of Constitution of India and by holding that the respondent No.2 to 4 failed to perform their statutory duties under section 154 to 173 of Cr.P.C. and consequently direct the respondents herein to conduct investigation in accordance with law in FIR.No.80/2007 dated 6.12.2007 by arresting the accused persons names in the said FIR and pass Counsel for the Petitioner:LAWYERS GRID Counsel for the Respondents No.: GP FOR HOME The Court made the following : ORDER: In this writ petition, the petitioner seeks directions by way of Mandamus to declare the action of respondents in not investigating Crime No.80 of 2007, which has been registered on the complaint filed by him on 6th of December 2007, as illegal and arbitrary. 2. The petitioner had complained before the respondents-Police on 6th of December 2007 alleging that on 5th of December 2007 at 20.00 hours, when he was proceeding from his house on motorcycle in order to go to Hussaili village of Nyalkal Mandal, six persons came on two motor bikes, chased him and attacked him with iron rods. The petitioner recognized the said persons and also named them in his complaint. Based on the same, a case was registered in Crime No.80 of 2007. It is the grievance of the petitioner that inspite of naming the accused, no action has been taken by the Police, which is obligatory on the part of the respondents. 3. This Court, by order dated 25.01.2008, ordered Notice Before Admission. Counter affidavit is filed by the 4th respondent, in which it is stated that one Vaigode Ganapathi Rao S/o. Dasharatha Rao, resident of Hussaili village of Nyalkal Mandal, lodged a complaint on 4th of December 2007 at 10.00 hours in the 4th respondent-Police Station stating that since six years, his elder brother Vaigode Sadashiva Rao was working as a Watchman in the Farm House of Abdul Ghani (petitioner herein), a resident of Bidar. The said Farm House is situated in the limits of Hussaili village. In the said complaint, it was stated that his brother Vaigode Sadashiva Rao was brutally murdered by some unknown persons, as such, requested to take action. Based on the said complaint, a case was registered in Crime No.79 of 2007 under Section 302 of I.P.C., on 4th of December 2007 and investigation is taken up. 4. In the counter affidavit it is further stated that with reference to the said complaint dated 4th of December 2007, investigation is in progress and the investigation conducted so far, revealed that the Farm House owner i.e. petitioner herein used to visit the Farm House now and then clandestinely. It is stated that there was a dispute with regard to the Farm House between the petitioner and some persons namely Md.Jaffar, Md.Riyaz, Md.Ghouse and Md.Amjad, who are residents of Bidar of Karnataka State. It is also stated that there is suspicion about the involvement of petitioner in the said murder of the Watchman of the Farm House and investigation is in progress, on all angles. However, with regard to the complaint lodged by the petitioner on 6th of December 2007, it is stated that during the course of investigation, they have recorded the statements of complainant and other witnesses and injured was sent to the Government hospital, Zaheerabad for treatment and from there he was referred to Gandhi hospital, Secunderabad. But however, during the course of investigation, it came to light that the offence has occurred within the limits of Chitta village of Bidar Taluk, which comes under Mangalapet Police Station of Bidar town. Accordingly, by addressing a letter to the Superintendent of Police, Medak on 12th of December 2007, the C.D. file in Crime No.80 of 2007 was transferred to Mangalapet Police Station in Bidar District of Karnataka State. 5. In the writ petition, the only question is whether the investigation is taken up on the complaint of the petitioner or not. Even according to the petitioner, the complaint was lodged on 6th of December 2007 and thereafter, when it was found during the course of investigation that the offence had occurred within the limits of Chitta village in Bidar Taluk of Karnataka State, the respondents have already transferred the C.D. file to Mangalapet Police Station. In that view of the matter, it cannot be said that no action has been taken by the Police on the complaint of the petitioner. More over, it is stated in the counter affidavit that on the earlier complaint dated 4th of December 2007 lodged by one Vaigode Ganapathi Rao in which he has complained about the murder of his brother who was working as a Watchman at the petitioner’s Farm House, the investigation is in progress and even with reference to the said complaint, there is a suspicion over the petitioner. In that view of the matter, I do not find any lapse on the part of respondents in proceeding with the investigation on the complaint of the petitioner. 6. For the reasons stated above, the writ petition is devoid of merits and it is accordingly dismissed. It is open for the respondents-Police to complete the investigation on the complaint dated 4th of December 2007 as expeditiously as possible and file final report in the matter. No order as to costs. ______________________ R. SUBHASH REDDY, J 21st February 2008 ajr To 1 The State of Andhra Pradesh, rep. by the Principal Secretary to Government, Home Department, Secretariat Buildings, Secretariat, Hyderabad-500022 2 The Superintendent of Police, Medak District O/o. The Superintendent of Police, Medak at Sangareddy 3 The Station House officer, Hadnoor Police station Nyalkal Mandal,Medak District 4 The Sub Inspector of Police, Hadnoor Police station Nayalkal Mandal, Medak District