IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY THE THIRTIETH DAY OF NOVEMBER TWO THOUSAND AND SEVEN : PRESENT : THE HON’BLE SRI BILAL NAZKI, ACTING CHIEF JUSTICE AND THE HON’BLE SRI JUSTICE: RAMESH RANGANATHAN WRIT PETITION No. 15419 of 2007 Between: Andhra Pradesh Civil Liberties Committee (APCLC), rep. by its President Mr. S.Subhash Chandra Bose, S/o. S.Venkata Krishnaiah, R/o. P.B.Street, Governorpet, Vijayawada, Krishna District. .. Petitioner AND 1. The Govt. of Andhra Pradesh, rep. by its Prl. Secretary, Home Department, Secretariat, Hyderabad. 2. The Director General of Police, Inspector General of Police, Lakdikapool, Hyderabad. 3. The Superintendent of Police, Ongole, Prakasam District. 4. The O.S.D. Gray Hounds (Anti-Naxal Squad), Ongole, Prakasam District. 5. The Station House Officer, Yeragendapalem, Prakasam District. 6. The Deputy Superintendent of Police, Markapuram, Prakasam District. 7. The Superintendent, Osmania General Hospital, Hyderabad. 8. V.Anantha Ramulu, S/o. Late Butchaiah, State President, A.P. Police Officers’ Association, Hyderabad. (R8 is impleaded as per court order dt. 12-3-07 in WPMP. 22136/06) .. 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 a writ order or direction more particularly one in the nature of Writ of Mandamus directing the concern Police to register crime in the offence of killing of 8 Maoist Naxalites into the alleged encounter incident that took place on 23-7-2006 at Nallamala Forest near Darboind Penta and Nekkanti Palutla Villages, in Yerragondapalem mandal, Prakasam District by registering a case under section 302 of IPC against the police personel participated in the alleged encounter incident and initiate criminal proceedings to prosecute them taking all steps as per law and also call for all records with regard to the crime registered on this encounter. The Petition coming on for admission upon perusing the petition and the affidavit filed herein and the orders of the High Court dated. 25-07-2006 made herein and the order dt. 30-07-2007 made in WPMP.No. 20579/2007 and upon hearing the arguments of Sri D.Suresh Kumar, Advocate for the Petitioner, Advocate General for the Respondent 1 to 7. The Court made the following ORDER: “ Since some important questions of law are involved in this Writ Petition regarding the issues raised in the Writ Petition itself and also regarding the issues raised by the learned Advocate General claiming privilege for disclosing the names of the Police parties, who were engaged in an exchange of fire, which resulted in death of eight persons, the Writ Petition needs to be heard by a Full Bench. ..2.. List on 04-12-2007.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Registrar (Judicial), High Court of A.P., Hyderabad.(for kind perusal) 2. The Section Officer, Writ Filing Section, High Court of A.P., Hyderabad. 3. Two CCs to the Advocate General, High Court of A.P., Hyderabad. (By Spl. Messenger) 4. One CC to Sri D.Suresh Kumar, Advocate, High Court of A.P., Hyderabad. (By Spl. Messenger) 5. Two spare copies. SAH HIGH COURT HACJ & RRJ DATED: 30-11-2007 NOTE: LIST ON 04-12-2007 ORDER WP.NO. 15419 OF 2007 DIRECTION DRAFTED BY: SAH APPROVED BY: DRAFTED ON: 01-12-2007 HIGH COURT HACJ & RRJ DATED: 30-11-2007 NOTE: LIST ON 04-12-2007 ORDER WP.NO. 15419 OF 2007 DIRECTION