IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.6136 of 2008 Between: P. Varavara Rao, S/o. Kodanda Rama Rao, R/o. Flat No. 203, Laxmi Apartments, Malakpet, Hyderabad. ....Petitioner And 1. The Station House Officer, Charla Police Station, Khammam District. 2. The OSD Gray Hounds (Anti Nazals Squad), Khammam District. 3. The Superintendent of Police, Khammam District. 4. The Director General of Police, Lakdikapool, Hyderabad. 5. The Principal Home Secretary, Department of Home, Secretariat, Hyderabad. 6. The Government Civil Hospital, Charla, Khammam District. 7. The Government Hospital, Khammam, Khammam District. .....Respondents 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 issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of respondent Nos.1 to 3 herein in killing the deceased 17 naxalites belonging to the CPI (Moists) on 18-3-2007 in between Khammam & Chattisgarh Forest as illegal, arbitrary and violation of right of life and personal liberty and consequently direct the respondent No.1 herein to register a case under Sec. 302 of I.P.C. and other relevant provisions against the respondent Nos.2 and 3 herein and police personnel who have participated in the alleged fake encounter. Counsel for the petitioner : Sri V.Raghunath Counsel for respondent Nos.1 to 5 : Government Pleader for Home The Court made the following : ORDER: (per Anil R. Dave, C.J.) Learned Government Pleader for Home, Sri Ramesh, appearing for respondents No.1 to 5 has stated that dead bodies of the concerned persons are in the State of Chattisgarh as the alleged operation had taken place within the territory of that State. He has submitted that the said dead bodies had been only taken through some territorial area of Andhra Pradesh, but the incident had not taken place in Andhra Pradesh. In view of the above facts, the petition does not survive for want of jurisdiction of this Court. According to the learned Advocate for the petitioner, some of the persons, who died belong to Andhra Pradesh and he has prayed that their relatives be permitted to claim and bring their bodies to Andhra Pradesh. If it is so, we are sure that as and when dead bodies of those persons are to be brought to the State of Andhra Pradesh, the State authorities shall extend their cooperation to the relatives of the deceased persons. The petition stands disposed of accordingly. ANIL R. DAVE, C.J. 19th March, 2008 R.SUBHASH REDDY, J. ........REGISTRAR ARS