IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 9257 of 2005 BETWEEN: 1 Smt. Pusuluri @ Chittapragada Alivelu Manga Thayar, W/o. P. Venkateswara Rao, D/o. Late Ch. V. S. Lakshminarayana, R/o. R.R. Pet, Eluru, West Godavari Dist. 2 Chittapragada Lakshmi Uma Maheswari, W/o.Bommakanti Ramesh, D/o. Late Ch .V .S. Lakshminaryana, Private Service R/o. R.R. Pet, Eluru, West Godavari District. 3 Chittapragada Ramachandra Rao, S/o Late Ch. V.S.Lakshminaryana R/o. Balaji Nagar, Eluru, West Godavari District. 4 Pusuluri Venkateswara Rao, S/o. Late Ch.V.S.Lakshminaryana Panchayat Secretary, R/o. R.R. Pet, Eluru, West Godavari District. 5 Nidadavolu Venkata Atchutha Rama Raju, S/o. Sreerama Raju, R/o. R.R. Pet, Eluru, West Godavari District. 6 Manthripragada Srinivasa Rao @ Murthy, S/o. Late Subba Rao, Working in Co-op Bank, R/o. R.R. Pet, Eluru, West Godavari District. ... PETITIONERS AND 1 The State of A.P. Rep. by its Prl. Secretary, Home Department, Secretariat Buildings, Hyderabad. 2 The Dy. Inspector General of police, Eluru Range, Eluru, West Godavari District. 3 The Superintendent of police, West Godavari, Eluru. 4 The Deputy Superintendent of police, W.G. Dist, Eluru. 5 The Sub-Inspector of police, Eluru II Town Law & order police Station, Eluru, W.G. Dist. 6 Nelapati Raja Sekhar, S/o. Narasimha Murthy, R/o.Pedanendrakolanu, Nidamarru Mandal, West Godavari District. 7 Penmatcha Ramakrishna Prasad Raju, S/o. Seetharama Raju, R/o. Datta Ashramam road, Dondapadu, Eluru, 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 may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus directing the 1st Respondent herein to entrust the investigation of the cases in Crime NO.100/2005 of Eluru II Town Law and order police station under section 324 r/w 34 IPC and sec. 3(1) (x) of SC & ST prevention of Atrocities Act, 1989 and Crime No.101/2005 of Eluru II Town Law and order police station under sections 323, 354 r/w 34 IPC to Deputy Superintendent of police, CID, Eluru or any other impartial officer for investigation and to take necessary action according to law and pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners: MR.Y.V.RAVI PRASAD Counsel for the Respondents 1 to 5: GP FOR HOME Counsel for the Respondent No.6: MR. G. VENUGOPAL REDDY Counsel for the Respondent No.7: MR. I.V.N. RAJU The Court made the following: ORDER: Petitioners seek a Writ of Mandamus to direct the Principal Secretary, Home Department to entrust the investigation of the case in Cr.No.100 of 2005 of Eluru II Town Law & Order Police Station, under Section 324 read with 34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Attrocities) Act, 1989 (for short ‘the Act’) and Crime No.101 of 2005 of Eluru II Town Law & Order Police Station under Sections 323, 354 read with 34 IPC to Deputy Superintendent of Police, CID, Eluru or any other impartial Officer for investigation. 2. This Court while admitting the writ petition on 27.04.2005 directed the respondents 2 to 5 not to proceed with the investigation nor arrest the petitioners in connection with Cr.No.100 of 2005 of Eluru II Town Law & Order Police Station. 3. Learned counsel for the petitioners submits that though there is stay of further proceedings of investigation, the Sub-Divisional Police Officer/fourth respondent completed the investigation and filed a charge sheet before the II Additional Judicial I Class Magistrate, Eluru on 16.09.2005 in Cr.No.100 of 2005 for the offence under Sections 324 read with 34 IPC and Section 3(1) (x) of the Act. He further submits that in the charge sheet filed before the Court below it was also noticed the accused/petitioners approached the High Court and filed this writ petition wherein interim direction was granted not to proceed with the investigation and not to the arrest the petitioners and that a counter has also been filed on 10.06.2005 and the matter is pending before this Court. 4. As there is stay of further proceedings as directed by this Court, there cannot be any justification on the part of the fourth respondent in completing the investigation and filing the charge sheet, more so, when specific allegations have been made against the fourth respondent stating that he is biased and prejudicial to the system. However, under the teeth of the orders of this Court, the completion of investigation and filing of charge sheet is illegal and arbitrary. 5. Having regard to the facts and circumstances of the case, the third respondent is directed to entrust the matter for investigation to any other Police Officer of the rank of the Deputy Superintendent of Police in the District and for filing a report/charge sheet as prayed for insofar as Cr.No.100 of 2005 alone is concerned. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J June 26, 2008 DSK