IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.27174 of 2008 Between: Rakesh Agarwal S/o.Late Kailash Agarwal R/o. Flat No. 101, Amras Pride, Chelapura, Hyderabad. ..... PETITIONER AND 1 The Commissioner of Police, Basheerbagh, Hyderabad. 2 The Station House Officer, P.S. Charminar, Hyderabad. 3 The Officer-in-Charge, Central Crime Station, Hyderabad. 4 Rajesh Malpani S/o.Damodar Malpani R/o. 22-5-195, 2nd Floor, Rmsal Complex, Pattal Galli, Hyderabad. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus and directing investigation in Crime No.269 of 2008 dated 13.11.2008 on the file of the 2nd respondent be transferred to the 3rd respondent and pass such other order or orders. Counsel for the Petitioner: MR.B.VIJAYSEN REDDY Counsel for the Respondents 1 to 3: GP FOR HOME The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.27174 OF 2008 ORDER: It appears, the petitioner lodged a complaint before the Station House Officer, Charminar Police Station, Hyderabad, against the 4th respondent herein, and the same was registered as Crime No.269 of 2008 for the offences punishable under Sections 406 and 420 I.P.C. According to the petitioner, the Commissioner of Police, Hyderabad, issued a Circular dated 17.01.2003, issuing certain guidelines with regard to entrustment of cases to the Detective Department (Central Crime Station), Hyderabad, and in the said Circular it was specifically mentioned that all the police stations of twin cities shall transfer the organized cheating cases where the damage or harm caused is to the tune of Rs.30 lakhs or more, to the Detective Department (Central Crime Station), Hyderabad, for the purpose of investigation. The petitioner contends that the property involved in the subject crime is more than Rs.70,00,000/- and, therefore, in the light of the said Circular, the crime is to be transferred to Central Crime Station, Hyderabad, 3rd respondent herein, for the purpose of investigation, and apart from that the 2nd respondent is not at all proceeding with the investigation. In the facts and circumstances of the case, without expressing any opinion on merits, the 1st respondent- Commissioner of Police, Basheerbagh, Hyderabad, is directed to consider transferring Crime No.269 of 2008 from the file of the 2nd respondent- Charminar Police Station, Hyderabad, to 3rd respondent- Central Crime Station, Hyderabad, for the purpose of investigation, as per the Circular dated 17.01.2003, and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. With the above directions, the writ petition is disposed of. No order as to costs. ___________________ JUSTICE C.V. RAMULU 29th December, 2008 IBL