IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 24149 of 2009 Between: Md.Iqbal ..... PETITIONER(S) AND The Commissioner of Police, Cyberabad, Gachibowli, Hyderabad and others. .....RESPONDENT(S) THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 24149 of 2009 ORDER: The petitioner approached the IX Additional Chief Metropolitan Magistrate, Kukatpally at Miyapur, and made a complaint against the respondents 4 to 14. The learned Magistrate referred to the same to the 4th respondent-Station House Officer, Miyapur, Ranga Reddy District, as provided for under Section 156 (3) Cr.P.C. The 4th respondent, on the basis of the said reference, registered the same as Crime No.444 of 2009 for the offences punishable under Sections 149, 354, 357, 340, 342, 390, 391, 427, 441, 447, 452, 506 and read with Section 34 IPC. As the complaint is made against the 4th respondent and he himself also registered the said crime, the petitioner approached this Court and filed the present writ petition seeking transfer of the said crime from the 4th respondent to any other competent police officer. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Home, appearing for R-1 and R-4. 3. Once the complaint is made against the 4th respondent, in my considered view, as he himself is the accused, he can never be the investigating officer in the said crime, and therefore, the relief sought for by the petitioner seeking transfer is justified. 4. Accordingly, the writ petition is allowed, the 1st respondent- Commissioner of Police, Cyberabad, Gachibowli, Hyderabad, is directed to see the case in Crime No.444 of 2009 shall not be investigated into by the 4th respondent- Station House Officer, Miyapur, Ranga Reddy District, and the investigation shall be made by some other officer having competent jurisdiction. There shall be no order as to costs. ___________________ November 18, 2009 Kvr