IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.24117 of 2008 Between: Pallerla Shantan Kumar S/o.Surender H.No.8-2-269/19/664/A, Banjara Hills, Road No.2, Indira Nagar,Hyderabad ..... PETITIONER AND 1 Assistant Commissioner of Police, Banjara Hills Police Station, Hyderabad. 2 Sub Inspector of Police, Banjara Hills Police Station, Hyderabad. .....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 an order direction more particularly in the nature of Mandamus declaring the in action of the respondents by not investigating the petitioner case bearing F.I.R No.790/2008 dt 30-6-2008 of Banjara Hills Police Station Hyderabad which was referred under CC 2008(Sr.No.9693/08) on the file of the Court of Hon'ble III Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, and consequently direct the respondent No.1 to change the investigating officer in the above matter and made proper enquiry with out any bias manner as expeditiously. Counsel for the Petitioner: MR.T.PRADYUMNA KUMAR REDDY Counsel for the Respondents: GP FOR HOME The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.24117 OF 2008 ORDER: It is the case of the petitioner that he filed a private complaint on the file of the III Additional Chief Metropolitan Magistrate’s Court, Hyderabad at Nampally, complaining cheating and other offences committed by his wife and her brother, and the same was referred to Banjara Hills Police Station and registered as Crime No.790 of 2008 for the offences punishable under Sections 405, 420, 441, 384 and 506 read with 511 I.P.C. The grievance of the petitioner is that no investigation is being conducted into the said crime by the respondents and on the other hand the 2nd respondent- Sub-Inspector of Police, Banjara Hills Police Station, joined hands with the accused in the above crime and, at their instance, he is threatening the petitioner to withdraw the complaint, and dragging the matter from time to time. A detailed counter-affidavit has been filed by the 2nd respondent, wherein, while denying all the allegations made by the petitioner, it is stated that after registration of the aforesaid crime, the 2nd respondent has taken up investigation and, during the course of investigation, he examined six witnesses and recorded their statements under Section 161 Cr.P.C. It is further stated that the investigation is still pending for establishing the guilt of the accused and that since no prima facie case is made out so far, no arrest was made as of now, and necessary action will be taken against the accused in the F.I.R. depending on the evidence adduced during the course of investigation. Further, the allegations made by the petitioner that the 2nd respondent joined hands with the accused and is threatening the petitioner to withdraw the case and dragging the matter from time to time are denied. The 2nd respondent has also assured that he will complete the investigation as expeditiously as possible and file appropriate report before the concerned Court at the earliest. In the facts and circumstances of the case and in view of the above counter averments, the 2nd respondent is directed to complete the investigation in Crime No.790 of 2008 on the file of P.S. Banjara Hills expeditiously, and file final report/charge sheet before the competent Criminal Court, if not already filed, within a period of four months from today. With the above directions, the writ petition is disposed of. No order as to costs. _________________ JUSTICE C.V. RAMULU 26th November, 2008. IBL