IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO.18302 of 2008 Between: P.Siva Prasada Raju S/o.Late Satyanarayana Raju, R/o.Gangaparru Village, Palakoderu Mandal, West Godavari District, presently, R/o.Flat No.402, Sri Sairam Towers, Prashant colony Balkampet, Hyderabad. ...PETITIONER AND 1 Government of Andhra Pradesh, rep.by its Deputy Superintendent of Police, Narsapur, West Godavari District. 2 Government of Andhra Pradesh, rep.by its Circle Inspector of Police (Rural), Bheemavaram, West Godavari District. 3 Government of Andhra Pradesh, rep.by its Sub Inspector of Police, Palacoderu,West Godavari District. 4 The Executive Officer,Garagaparru Grampanchayat Gangaparru Village, Palacoderu mandal, West Godavari District. 5 Godi Anand Rao S/o.Deva Das, R/o.Gangaparru village, Hamlet of Sereegudem Palacoderu Post, West Godavari 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 writ order or direction of the writ more particularly one in the nature of writ of mandamus declaring action of the respondents No.1 to 3 not arresting the accused persons in FIR.No.68/2008 as illegal, arbitrary, and unjust and consequently direct the respondents No.1 to 3 to arrest the accused person in FIR.No.68/2008 and also give police protection to the petitioner. Counsel for the Petitioner: MR.B.SHIVA KUMAR Counsel for the Respondents: GP FOR HOME The Court made the following: THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO.18302 of 2008 ORDER: This Writ Petition is filed seeking a Mandamus declaring the action of respondents 1 to 3 in not arresting the accused persons in crime No.68 of 2008 on the file of Palacoderu P.S., West Godavari District, as arbitrary and illegal and consequently, to direct respondents 1 to 3 to arrest the accused persons and take action against them as per law. It appears that the petitioner lodged a complaint before Palacoderu P.S., West Godavari District, which was registered as crime No.68 of 2008 under Sections 341, 427 and 447 read with Section 34 of the Indian Penal Code (IPC). According to the petitioner, though the crime was registered, no further action was initiated and there is no progress in the investigation. Hence, the Writ Petition. A detailed counter affidavit has been filed by the third respondent stating that crime No.68 of 2008 registered under Sections 341, 427 and 447 read with 34 IPC is being investigated and as many as seven {7} witnesses have been examined and the investigation is in progress. As soon as the investigation is completed, a final report will be filed before the competent Court. It is also stated that on a complaint lodged by one Godi Anand Rao, S/o.Deva Das-the fifth respondent herein, a case in crime No.71 of 2008 under Sections 323, 290, 502 (2) read with 34 IPC and under Section 3 (i) (x) of the SC & ST (POA) Act, 1989, was registered on the file of Palacoderu Police Station on 05.08.2008, wherein the petitioner is also shown as an accused. In view of the above, the Writ Petition is disposed of directing the third respondent to expedite the investigation and file final report within a period of three {3} months from the date of receipt of a copy of this order. _____________ (C.V.RAMULU, J) 12th December 2008 RRB