IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 21804 of 2008 Between: G.Jaya Raj S/o Late S.R. Govinda Swamy, R/o CISF, NISA Qts No.Type I-13,, Hakimpet, Hyderabad. ..... PETITIONER AND 1 The Commissioner of Police, Cyberabad, Hyderabad. 2 The Deputy Commissioner of Police, Cyberabad, Hyderabad. 3 The Assistant Commissioner of Police, Alwal Divison, Alwal, Hyderabad. 4 The Station House Officer, Alwal Police Station, Cyberabad, Hyderabad. .....RESPONDENT(S) 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 issue an appropriate Writ, order or direction, more particulary one in the nature of Writ of Mandamus, declaring the inaction on the part of the Respondents in conducting investigation in Crime No.10/08 registered under Sec. 406 IPC on the file of the 4th Respondent and recover the stolen ornaments and cash as illegal, arbitrary, bad in law, violative of Art. 21of the Constitution of India and consequently direct the Respondents to investigate the crime registered inCrime No.10/08 under Sec. 406 IPC on the file of the 4th Respondent and book the accused persons and pass Counsel for the Petitioner:MR.K.VENKATA RAMANA Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE C.V.RAMULU W.P.No.21804 of 2008 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the inaction on the part of the respondents in conducting investigation in Crime No.10 of 2008 registered under Section 406 of Indian Penal Code on the file of fourth respondent in recovering the stolen ornaments and cash as arbitrary, illegal and violative of Article 21 of the Constitution of India and consequently direct the respondents to investigate into the said crime booked against the accused. It appears, petitioner lodged a complaint before the fourth respondent stating that his money and ornaments were stolen by his brother’s daughter Jayasri and along with one Narayana, she went to Kerala and staying there. The said crime was registered as Crime No.10 of 2008 under Section 406 IPC. It is also the case of petitioner that the father of said Narayana by name Tambidurai @ C.Mariyappan filed Habeas Corpus Petition before the High Court of Kerala, and the same was closed as false case recording that Narayana and his wife are staying together. The grievance of the petitioner appears to be that though the addresses of the accused are available, Police are not taking up investigation properly. The learned Government Pleader, on instructions, submits that though the Police went to Kerala for the purpose of investigation, in the given address, the accused were not available, therefore the matter was closed as undetectable. However, efforts are going on to apprehend the culprits and as and when they are apprehended, the matter will be reopened for further investigation. In view of the above, the respondents are directed to continue the investigation as and when petitioner furnishes the addresses of the accused and take further action in the matter, as per law. The writ petition is accordingly disposed of. No order as to costs. ____________ C.V.RAMULU, J Date: 18.11.2008 DA THE HON'BLE MR JUSTICE C.V.RAMULU W.P.No.21804 of 2008 18.11.2008