IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 7566 of 2004 Between: Poppoppu Sada Siva Rao, S/o Jagannadham, Hindu, R/o D.No. 9--3-3/3, Savitrupet, Tadepalligudem, West Godavari District. ..... PETITIONER AND 1 The Station House Officer, Town Police Station, Tadepalligudem, West Godavari District. 2 The Deputy Superintendent of Police, Kovvuru, W.G. District. 3 The Superintendent of Police, West Godavari at Eluru. 4 The Director General of Police ( CID), D.G.P. Office Complex, Lakadikapool, Hyderabad. 5 Potha Battula Sekhar, s/o Suresh Kumar, Major, R/o Harijapet, 20th Ward,Tadepalligudem, West Godavari District. 6 Mr. Jayaraju, Major, R/o Gopllagudem area, K.N. Road, Tadepalligudem, West Godavari District. .....RESPONDENT(S) 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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ, declaring the action of the respondent No.1 police in trying to implicate the petitioner in Crime No. 67/2004 as accused in the place of the 6th respondent herein who actually committed the accident on 29-2-2004 leading to death of one B. Venkateswara Rao, as illegal, arbitrary, and violative of Art. 21 of the Constitution of India and due process of law and it is further consequentially prayed that this Hon'ble Court may be pleased to entrust the 3rd respondent or the 4th respondent with task of investigation of Crime No. 67/2004 by duly withdrawing it from the 1st respondent Police and to direct them to conduct an impartial and independent investigation in Crime No. 67 of 2004 and to file a true charge sheet against the real accused after conducting a physical and proper enquiry in tune with Section 172 Cr.P.C. Counsel for the Petitioner:MR.S.R.SANKU & KAVITI MURLI KRISNA Counsel for the Respondents : GP FOR HOME The Court made the following : ORDER: The petitioner seeks to issue a writ of madamus declaring the action of the respondent No.1 in trying to implicate him in Crime No.67 of 2004 as accused in the place of the 6th respondent who actually committed the accident on 29.02.2004 leading to death of one B.Venkateshwara Rao, as illegal and arbitrary and consequently to entrust the 3rd or 4th respondent with the task of investigation of the said crime. It is stated that the first respondent received information from the Government Hospital, Tadepalligudem on 29.02.2004 at 10.45 p.m. stating that one Ballari Venkateswara Rao was admitted in the said hospital with head injury, then the Head Constable 783 immediately rushed to the said hospital and found the injured succumbed to the head injury by 11.00 p.m. and thereafter he recorded the statement of one P.Sekhar who stated that the deceased who is his paternal uncle was hit by white coloured Indica Car bearing No. AP-37-AC-4567 while the deceased was crossing the road and basing on the said statement, a case in Crime No.67 of 2004 for the offence under Section 304-A IPC was registered against the driver of the said car. The allegation that the said car of the petitioner was not involved in the accident and one Ambassador car bearing No.4182 driven by the 6th respondent is denied stating that the said allegation is false and baseless. It is stated that except the petitioner’s car, no other car is involved in the accident. Having regard to the facts of the case, I am of the opinion that these are all the disputed questions of fact, which cannot be decided in the writ petition, as it is for the petitioner to lead defence evidence in a criminal Court. Therefore, the writ petition is devoid of merit and is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:17.04.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{AVLR}