HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.25303 of 2010 Date: 19th November 2010 Between : Chand Pasha. …….Petitioner And The State of Andhra Pradesh, rep. by its Secretary, Home Department & others. ….Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.25303 of 2010 ORDER : In this writ petition, the petitioner seeks directions by way of Mandamus, declaring the action of respondents 2 and 4 in transferring the complaint registered in F.I.R.No.217 of 2010, dated 12.09.2010, from the 4th respondent-Police Station to the 5th respondent-Police Station, as illegal. On 12.09.2010, the petitioner has lodged a compliant before the II-Town Police Station, Eluru, stating that he belongs to Raichur in Karnataka State and that he drives the car belonging to one Srikanth and on 09.09.2010 at about 9 a.m., on the instructions of his owner to go to Raichur Bus stand to pick up one Sankaraiah Swamy and drop him at Yemmiganur, he picked up Sankaraiah Swamy, and en route, he also picked up one Lalithamma, and by evening, they reached the guest house at Yemmiganur. It was his complaint that at that time, six unknown persons came in a Toofan Classic car, collected cell phones from them, kidnapped and brought them to Hyderabad and kept them at an unknown place near Ramakrishna Theatre. In this writ petition, it is the grievance of the petitioner that he is a resident of Eluru and when the complaint was lodged in Eluru II-Town Police Station, there is no reason or justification for transferring the said crime to the 5th respondent-Police Station. In the counter affidavit filed by the Assistant Sub- Inspector of Police, Eluru I-Town Police Station, who is in- charge of Eluru II-Town Police Station, while denying the various allegations made by the petitioner, it is stated that since the offence was committed at Yemmiganur, by taking necessary permission from the competent authority, case has been transferred to Kurnool District, vide Proceedings, dated 25.09.2010, issued by the Superintendent of Police, West Godavari District, in Rc.No.6597-C1-2010, and was handed over to the Superintendent of Police, Kurnool, on 28.09.2010. It is stated that Yemmiganur Police have registered the case as Crime No.189/2010 on 05.10.2010 and are investigating the same. In this writ petition, it is argued by the learned counsel for petitioner that in view of the provision under Section 181 Cr.P.C., the 4th respondent-Police Station ought to have investigated into the complaint made by the petitioner. First of all, it is to be noted that Section 181 of Cr.P.C. applies only at the trial stages. In any event, even according to Section 181 (2) Cr.P.C., the Court in whose jurisdiction the person was kidnapped, is competent to try the offence. Even according to the complaint of the petitioner, the offence has taken place at Yemmiganur. In that view of the matter, I do not find any illegality in transferring the said crime from 4th respondent-Police Station to the 5th respondent-Police Station for investigation purposes. For the aforesaid reasons, the writ petition is devoid of merit and it is accordingly dismissed. No order as to costs. ____________________ R.SUBHASH REDDY, J 19th November 2010 ajr