IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF APRIL, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.13700 of 2006 Between: N. Adinarayana … Petitioner AND The State of A.P., rep., by Home Secretary, Secretariat, Hyderabad & another. … Respondents Counsel for the petitioner : None Counsel for the respondents: AGP for Home This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.13700 of 2006 ORDER:- Since the scope of the interim relief and the main relief is identical, the writ petition is taken up for hearing and disposal. This writ petition is filed for a writ of mandamus to declare the action of the respondents in not filing the charge sheet in Crime No.77 of 2005 on the file of Judicial First Class Magistrate, Atmakur, Kurnool District, as illegal and arbitrary. At the hearing, there is no representation for the petitioner. A perusal of the affidavit filed in support of the writ petition shows that the grievance of the petitioner is that respondent No.2 is not filing charge sheet in Crime No.77 of 2005 on the file of Judicial First Class Magistrate, Atmakur, Kurnool District. In the counter affidavit filed in August, 2006, the Sub Divisional Police Officer, Atmakur Division, Kurnool District inter alia mentioned that the investigation into the case was in progress and the investigation conducted so far revealed that the petitioner and his family members are petition mongers and are used to create false allegations against public and that the petitioner’s case is false. It is further averred that the legal opinion obtained by the Investigating Officer from the Assistant Public Prosecutor, Atmakur was to the effect that the complaint shall be referred as false and the Investigating Officer submitted his report on 11.05.2006 to the Superintendent of Police, Kurnool District seeking permission to refer the case as false and accordingly the Superintendent directed the Sub Divisional Police Officer to file a requisition before the learned Chief Judicial Magistrate, Kurnool to record the statement of the petitioner under Section 164 Cr.P.C. It is further stated that the requisition is filed on 19.07.2006 in the said Court to issue summons to the petitioner to record such a statement and that the same is awaited. At the hearing, learned Assistant Government Pleader for Home stated that she does not have the latest instructions as to the present stage of the case. Having regard to the averments in the counter affidavit, the writ petition is disposed of with a direction to respondent No.2 to get the process of investigation and filing of report/charge sheet completed, if not already done, expeditiously. As a sequel to disposal of the writ petition, WPMP.No.17048 of 2006 filed by the petitioner for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 22.04.2008 ES