IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.7217 of 2007 Between: Rayaprolu Srinivasa Murthy … Petitioner AND The Superintendent of Police, West Godavari District at Eluru & others. … 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.7217 of 2007 ORDER:- At the interlocutory stage, 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 particular respondent Nos.3 and 4 in not taking action either to investigate the case or arrest the accused in connection with Crime No.49 of 2007 of Bhimavaram I Town Police Station, West Godavari, as illegal. At the hearing, there is no representation for the petitioner. In the counter affidavit filed by respondent No.4, it is averred as under: “I respectfully submit that pursuant to the registration of the crime, I have examined five witnesses and recorded their detailed statements. The accused in the FIR i.e., A1, A2, A3 surrendered before this respondent police station on 29.03.2007 and were released upon executing bonds with sureties and were directed to appear if and when required before a Magistrate under Section 169 Cr.P.C. as the offences committed by the accused are bailable. I submit that as there is no evidence adduced during the course of investigation against that the accused Mr. Mente Rani and Menti Sai Manikyala Rao (A3 and A5) that they have committed the offence and hence their names were deleted from the accused column and Section 307 IPC was also deleted. Investigation is still pending for want of receiving of would certificate and also some more witnesses are to be examined. Necessary action will be initiated against the accused in the FIR basing on the evidence adduced during the course of investigation. I submit that I assure this Hon’ble Court that I will complete the investigation as expeditiously as possible and file an appropriate report/charge sheet before the concerned Hon’ble Court at the earliest. I respectfully submit that the other allegations made in the affidavit are the subject matter of investigation in Cr.No.49/2007 dated 17.03.2007 for which a detailed investigation is going on. The allegation of the petitioner that till today the police have not examined nor arrested or investigated the matter for the reasons best known to them is false and hence denied. So far five witnesses were examined. Three of the accused were arrested and released on bail. For want of would certificate and recording of the statements of the other witnesses, the investigation is pending. The allegation of the petitioner that one Minte Padmanabham is a highly influential person and he has managed the police and has asked them not to take action against him as his followers who were involved in the said crime is false and invented for the purpose of this writ petition and the petitioner is put to strict proof of the same. The investigation done so far is on proper lines. The purpose of the petitioner to file this present writ petition is to pressurize the police to see that the accused are arrested. I respectfully submit that the allegations of the petitioner that the respondent authorities are forcing him to compromise the case with the accused and are asking him to withdraw the complaint is also false and hence denied. All the other allegations made in the affidavit are false and hence they are denied.” No reply affidavit is filed controverting the abovementioned allegations. In view of the same, I have no reason not to accept the above-reproduced averments contained in the counter affidavit. The writ petition is therefore disposed of as infructuous. As a sequel to disposal of the writ petition as infructuous, WPMP.No.9216 of 2007 filed by the petitioner for interim relief is also disposed as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 30.04.2008 ES