THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION Nos.4140 and 5265 of 2009 ORAL COMMON ORDER: (per the Hon’ble Sri Justice D.S.R.Varma) Heard both sides. Since the issue involved in both the writ petitions and the respondents against whom the action was sought for being the same, both the writ petitions are heard together and are disposed of by this common order. The main grievance of the petitioners in these writ petitions, in brief, appears to be that respondents 6 to 8 were sent to Borstal School pursuant to the conviction recorded against them on the ground that they were adolescents as on the date of recording of the conviction, but, in fact they played a fraud with the Government though they are not adolescents as of that date. It is to be noted that after more than a decade i.e. after more than 13 years, the petitioner in W.P.No.4140 of 2009, who has been undergoing the sentence, realized that respondents 6 to 8, so lodged in the Borstal School were majors but not adolescents, as contemplated under Borstal School Act. Further, astonishing aspect is that that he is no other than the brother of respondents 6 to 8. Initially, we had a doubt as to why this fact was not revealed by the petitioner and he kept closed his chests for all these 13 years. It appears from the record and the contentions raised by the learned counsel for the petitioner that it is only owing to some disputes regarding the property among the petitioners and respondents 6 to 8, the petitioners have come forward with the above said ground for the first time and this intriguing revelation has come out. This Court, on 28.10.2009, directed the Inspector General of Prisons and Director of Correctional Services, Chanchalguda, to conduct investigation into the matter, with the assistance of the Superintendents of Central Prison, Cherlapalli, Ranga Reddy District and Central Prison, Chanchalguda, Hyderabad, and send a report to this Court. Pursuant thereto, report had been sent to this Court stating that there appears to be a fraud played by respondents 6 to 8. The Inspector General of Prisons further informed this Court that the authority concerned who can take future action in these matters is C.I.D. Therefore, when we were contemplating to refer the matter to C.I.D. to conduct a detailed investigation into the matter in order to take appropriate steps, at that stage, Sri C.Padmanabha Reddy, learned senior counsel appearing for respondents 6 to 8, brought to the notice of this Court that the Police have already registered a case in Crime No.190 of 2009 of Dabeerpura Police Station against respondents 6 to 8 with regard to the alleged fraud played on the Government by misrepresenting their age and the investigation has been pressed into service. He further stated that pursuant to the investigation in detail, appropriate steps by way of registering case against respondents 6 to 8 before the appropriate Court of law would be taken up. As a matter of fact, when the investigation is taken up by the Police after registering the crime, if there is any truth in the specific averments made by the petitioners, the appropriate Court will take cognizance of the same at the instance of the investigating agency and the facts would be gone into in detail and the same would be dealt with in accordance with law. Hence, this Court is not inclined to pass any further orders, particularly in view of the fact that the Police have taken up the case for investigation treating the alleged conduct on the part of respondents 6 to 8 as an offence attracting the provisions of the Indian Penal Code. In view of the above, we propose to close the writ petitions with a direction to the respondents including the Police, who registered the aforesaid Crime against respondents 6 to 8, to proceed in accordance with law and take appropriate steps with utmost expedition in view of the serious allegations levelled against respondents 6 to 8. With the above directions and observations, the writ petitions are closed. However, there shall be no order as to costs. _____________________ JUSTICE D.S.R.VARMA ________________________ JUSTICE R.KANTHA RAO 29th January, 2010 DR