IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 17359 of 2009 Between: Sri G.Viswanatham, ..... PETITIONER AND Joint Director, ACB, CIU, Hyderabad and another. .....RESPONDENTS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.17359 OF 2009 ORDER : The petitioner filed this writ petition under Article 226 of the Constitution of India seeking a writ of Mandamus to declare the action of the 2nd respondent in refusing to consider for postponing the date of investigation in Crime No. 18/ACB-CIU/2009, Hyderabad is as illegal, improper and arbitrary. 2. The brief facts are that the petitioner is an accused in Crime No.18/ACB-CIU/2009, which was registered for the offences punishable under Section 13(2) read with 13(1)(e) of the Prevention of Corruption Act, 1988. The said crime was registered on 03.06.2009 on the ground that the petitioner is in possession of disproportionate assets. For the purpose of evaluation of the said properties, the authorities wanted the petitioner’s presence also and accordingly a date was fixed, but, however, on account of ill health, the petitioner could not proceed to his native place along with the officers for the purpose of said evaluation. In that regard he requested the authorities to postpone the same and accordingly the matter was postponed to 25.08.2009. 3. Now, according to the petitioner, he has not recovered from ill health and doctors advised him for some more rest and hence, he filed the present writ petition requesting the Court to direct the respondents to postpone the said visit for the purpose of evaluation of the properties belonged to the petitioner by eight weeks. 4. Heard the learned counsel for the petitioner and the learned standing counsel and Special Public Prosecutor for Anti Corruption Bureau. 5. In my considered view, the presence of the petitioner is not required at the time of evaluation of the properties for the purpose of investigation. However, as the respondent authorities wanted the petitioner’s presence also and as the petitioner submitted medical reports to the affect that he had some Cardiac problem, the respondents are hereby directed not to visit the house of the petitioner on 25.08.2009 as informed in the previous notice to the petitioner and are hereby directed to visit the same on 05.10.2009 and on that date whether the petitioner is present or not, the respondent authorities may proceed with the said evaluation. Accordingly, the writ petition is disposed of at the stage of admission. There shall be no order as to costs. __________________________ (GOPALA KRISHNA TAMADA, J) August 21, 2009 KSH