IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 26120 of 2007 Between: R. Venkataramana Swamy, S/o. M. Rangappa, r/o. Flat No. 14, B-III, 2nd Floor Pr. No. 3-3-50, Kachiguda, Himayath Nagar, Hyderabad. ..... PETITIONER AND 1 The State of Andhra Pradesh, Rep. byits Secretary, Home Department, Secretariat, Hyderaba 2 The Commissioner of Police, Hyderabad City, At Basheerbagh, Hyderabad. 3 The Station House Officer, Kachiguda Police Station, Hyderabad. 4 Mr. Shyamala Srinivasa Reddy, S/o. Radha Krishna Reddy, C/o. Ajay Kumar, Managing Director, M/s. Gayatri Net Work Private Limited, Dilsukhnagar, Hyderabad. .....RESPONDENTS Counsel for the Petitioner:MR.Y.VENKAT SATYAM Counsel for Respondent Nos.1 to 3: AGP FOR HOME The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to declare the action of respondent Nos.1 to 3 in not conducting proper investigation, tracing respondent No.4 and in not recovering stolen articles, documents and cash of Rs.5,000/- in connection with Crime No.203 of 2007 as illegal and arbitrary. Heard Sri Y.Venkat Satyam, learned counsel for the petitioner and the learned Assistant Government Pleader for Home and perused the record. In the counter affidavit filed by the Sub-Inspector of Police, Kachiguda Police Station, it is mentioned as under: “3. It is respectfully submitted that during the course of investigation, on 20.8.2007 I visited Munnangi Village, Kolliporra Mandal of Guntur District and caused enquiries with the villagers about the accused Symala Srinivasa Reddy. The investigation officer also visited the locality of the accused’s wife and family members who were residing at Addawari Veedhi Tenali of Guntur District and enquired with the neighbours but no clues were forthcoming. Informants were set up at Tenali and Munnaigi villages to collect the clues about the accused. On 21.8.2007, I visited the office of the complainant at Amrutha Arcade Complex, Kachiguda, Hyderabad for recording the statements of the office staff but they are not available in the office. On 22.8.2007 the investigation officer visited the Office of Gayatri Network Pvt.Ltd., beside Dilshuknagar Bus Stand and the Prop.Mr.Ajay Kumar was not available and he contacted the owner Sri A.Koteswara Rao who is running a mess in the same premises and recorded his detailed statement. 4. It is respectfully submitted that on 24.8.2007 I have deputed crime party to Munnagi village and enquired about the accused Shyamala Srinivasa Reddy, however, no clues are forthcoming. 5. It is respectfully submitted that on 2.9.2007 I went to the office of the complainant and tried to contact him but his office was found to be locked. On 12.9.2007 the investigation officer tried to contact the complainant but he was not available. On 25.9.2007, I along with PC 2645 visited the places of Tenali and Munnaigi villages of Guntur District and made sincere efforts to apprehend the accused but he was not available in both the places.” In subsequent paragraphs, he has narrated the various further steps he had taken to trace out respondent No.4 and submitted that on the basis of the evidence collected so far, no prima facie case is established and had the petitioner cooperated with the investigating agency, the investigation would have been completed long back. He stated that all possible steps are being taken to trace out the accused and the investigation is pending for want of production of witnesses by the petitioner. He stated that he would file report/charge sheet before the jurisdictional Magistrate shortly. Having regard to the above mentioned averments contained in the counter affidavit, the writ petition is disposed of with the direction to respondent No.3 to complete the investigation and file appropriate report/charge sheet within a period of four (4) weeks from the date of receipt of a copy of this order. As a sequel to disposal of main petition, WPMP.No.34073 of 2007 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 23rd APRIL, 2008 kvni