IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 2311 of 2001 BETWEEN: Siddeswar Bandari, S/o. Balakistappa, R/o. Door No.6/59, Pitruchaya, Siddhartha Colony, Zaheerabad, Medak District. ... PETITIONER AND 1 Secretary to Government of Andhra Pradesh, Home Department, Secretariat, Andhra Pradesh, Secretariat, Hyderabad. 2 Superintendent of Police, Medak District. 3 S.H.O., P.S. Zaheerabad, Medak District. 4 Public Prosecutor, High Court of Andhra Pradesh, Hyderabad. 5 Saroja Bandari, W/o. Prajwal Kumar Bandari, R/o. C/o. K.S.R.K. Prasad, Flat No.404, K.V.K's Gomathi Homes, P.D., Motingar, 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 an Order or direction or a Writ particularly one in the nature of Writ of Certiorari declaring the actions of Respondent No.3 in filing charge sheet P.R.C. No.49/2000 on the file of Judicial Magistrate of First Class; Zaheerabad filed in Crime No.153/2000 of P.S. Zaheerabad as illegal, arbitrary, and untenable and quash the said P.R.C.No.49/2000 on the file of the Judicial Magistrate of First Class; Zaheerabad and pass such other order or orders. Counsel for the Petitioner: MR. A. BICHAIAH Counsel for the Respondents 1 to 3: GP FOR HOME Counsel for the Respondent No.5: MR. A. TULSI RAJ GOKUL The Court made the following: ORDER: Petitioner questions the registration of Cr.No.153 of 2000 on the file of the police station Zaheerabad in which after investigation charge sheet has been filed in PRC.No.49 of 2000 on the file of the Judicial Magistrate of First Class, Zaheerabad. On various allegations petitioner questions the action of the respondents in filing charge sheet. 2. Insofar as the merits of the case are concerned, I am of the opinion that unless the evidence is let in, the innocence of the accused cannot be established. In the instant case, the investigation has been completed. 3. Counter has been filed stating that initially the fifth respondent filed a private complaint before the V Additional Metropolitan Magistrate, Nampally, which was referred to the Sanjeevareddynagar Police Station and the same was registered as a case in Cr.No.499 of 2000 under Section 498-A, 307 and 109 of the Indian Penal Code read with Sections 4 and 5 of the Dowry Prohibition Act. Later, the case was transferred to the Zaheerabad Police Station, Medak District, on the point of jurisdiction, and the same was registered as Cr.No.153 of 2000 under Section 498-A, 307 and 109 of the Indian Penal Code read with Sections 4 and 6 of the Dowry Prohibition Act and investigation was taken up. After completion of investigation, charge sheet has been filed on the file of the Judicial Magistrate of First Class, Zaheerabad and the same has been numbered as PRC.No.49 of 2000, which is pending committal to the Court of Sessions, Medak District. 4. Having regard to the facts and circumstances of the case, I am of the opinion that the police under the concerned Court alone has got the jurisdiction to file a charge sheet, therefore, it cannot be said that the Station House Officer, Zaheerabad Police Station has no jurisdiction to entertain the case and file a charge sheet. In view of the above, I do not see any merits in the writ petition. The writ petition is accordingly dismissed with a liberty to the petitioner to raise all the contentions before the concerned Court. There shall be no order as to costs. ______________ V. ESWARAIAH, J June 18, 2008 DSK