IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE B.PRAKASH RAO and THE HON'BLE SRI JUSTICE G.V.SEETHAPATHY WRIT PETITION NO : 17813 of 2009 Between: Penumudi Venkata Rao Alias Subba Rao S/o.Rama Rao R/o. Flat No.9, II Floor D.No.11-40-01, Chitturi complex, Pulipativari street Vijayawada-520001 ..... PETITIONER AND 1 The Director, National Forensic Science Laboratory New Delhi 2 The Hon`ble Judge,VII Additional District and Sessions Judge court, Governorpet, Vijayawada-520002 3 S.H.O., Penamaluru Police Station, Penamaluru village Krishna District 4 The Director , Telugu Academy, Himayat Nagar Hyderabad 5 The Director, STate Forensic Science Laboratory Red Hills,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 order or direction more in the nature of writ of mandamus or other writ order or direction (by calling the entire records of cirminal appealNo.163/2005) on the file of second respondent and by pursuing said records) by declaring that the action of the first respondent in refusing toconduct scientific test upon the literacy books of petitioner as illegal, arbitrary, unjust, unreasonable and unconstitutional unfair, irrational being violative of Articles, 14,19,& 21 of the constitution of India and principles of natural justice and consequently to direct the first respondent to conduct scientific test upon said literacy books of petitioner to invent the year of printing of said books and to pass such other or further order or orders as this Honourable court may deem fit and proper in the circumstances of the case Counsel for the Petitioner:PARTY-IN-PERSON Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON'BLE SRI JUSTICE B.PRAKASH RAO and THE HON'BLE SRI JUSTICE G.V.SEETHAPATHY WRIT PETITION NO : 17813 of 2009 ORAL ORDER: (Per Sri Justice B Prakash Rao) Heard Sri Penumudi Venkata Rao alias Subba Rao -party in person, who argued personally. The shorn upon the details and allegations as made in the affidavit filed in support of the writ petition, though, the petitioner herein seeks a mandamus with regard to the proceedings which are pending in judicial side in Criminal Appeal No. 163 of 2005 on the file of VII Additional District and Sessions (Fast Track) Court, Vijayawada. The complaint is that even though the Court below has referred the matter to the first respondent herein to conduct a test to ascertain “year of printing” in respect of certain documents which appears to be in Telugu language, even though such order has been made by the Court below, the first respondent is refusing to make any such test on the ground that it is in Telugu and no expert is conversant with Telugu language. That even when the petitioner brought the same to the notice of the Court below, no action has been taken. Hence, the present writ petition. Having heard the party in person and on perusal of the material, since the matter is sub-judice before the Court below, we refrain from exercising jurisdiction under Article 226 of the Constitution of India. However, it is always open for the petitioner to file an appropriate petition pointing out the practical difficulties and seek appropriate orders. We make it clear that merely because the language is different the first respondent cannot refuse to conduct the test sought for, inasmuch as it is only ascertaining the year of printing of certain documents. In the circumstances, the writ petition is disposed of leaving it open to the petitioner to file appropriate application before the Court below and the same shall be considered in accordance with law. No costs. _______________ B.PRAKASH RAO,J _________________ G.V.SEETHAPATHY,J DATE: 26.08.2009 tvk THE HON'BLE SRI JUSTICE B.PRAKASH RAO and THE HON'BLE SRI JUSTICE G.V.SEETHAPATHY WRIT PETITION NO : 17813 of 2009 Date: 26.8.2009