THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.23019 of 2009 ORDER: This writ petition is filed with the following prayer: “For the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble Court may be pleased to issue an appropriate writ of mandamus directing the respondents particularly 2 to 4 respondents to transfer the investigation of Crime No.156 of 2009 on the file of Suryaraopet Police Station, Vijayawada, Krishna District, dated 26.04.2009 for offence under Section 307 r/w 34 IPC under Section 3(x) of SC, STs Prevention of Atrocities Act, which was committed by 7 to 9 respondents to any responsible officer or any other investigation agency.” Petitioner is a practicing advocate, so also, respondents 7 to 9. He lodged a complaint before the police alleging that there was an attack on him by respondents 7 to 9 with an intention to kill and they abused him by mentioning his caste. Based on such complaint, a case in Crime No.156 of 2009 was registered against respondents 7 to 9 for the offences under Section 307 IPC read with 34 IPC and Section 3(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘the Act’) on the file of Suryaraopet Police Station and investigation was taken up. Earlier, he filed W.P.No.14552 of 2009 before this Court stating that in spite of his lodging complaint, no action has been taken. This Court by order, dated 11.08.2009, without going into the factual dispute, which arose for consideration, issued a direction to the investigating agency to complete the entire investigation within the time frame. When further investigation was being done, at that stage, this writ petition is filed stating that the investigation conducted by the official respondents is not fair and therefore, sought to transfer the investigation to any other responsible officer for further investigation. A detailed counter-affidavit is filed by respondent No.5 – Assistant Commissioner of Police, West Zone, Vijayawada City, Krishna District. It is stated while denying various allegations levelled against him by the petitioner, that on the complaint of the petitioner, a case in Crime No.156 of 2009 was registered against respondents 7 to 9 for the offences under Section 307 IPC read with 34 IPC and Section 3(x) of the Act, on the file of Suryaraopet Police Station and investigation was taken up. It is further stated that during the course of investigation, 12 witnesses were examined and their statements were recorded and that the investigation disclosed that except the petitioner, none of the witnesses spoke about the alleged accused abusing the complainant by touching his caste. It is further stated that he has given requisition to the Medical Officer, Andhra Hospital, Vijayawada, who treated the petitioner initially and shifted him to Government General Hospital, Vijayawada. He has also given requisition to the Medical Officer to issue drunken certificate of the petitioner, because he was in a drunken state while the investigating officer visited Andhra Hospital for examining him. It is further stated that when re-examined, the injured admitted that he wantonly gave such report with intent to involve the alleged accused in such serious offence. It is further stated that the doctors have opined that the injuries are self-inflicted and therefore, it is a fit case to refer the same as mistake of law. It is also stated that legal opinion was obtained, prima facie, case is not established and permission is awaited from the Commissioner of Police, Vijayawada to file final report before the competent criminal Court. At the stage of admission, this Court passed interim order, dated 27.10.2009 staying further proceedings in the aforesaid crime. Though counter-affidavit is filed by the fifth respondent giving details of the investigation conducted in the matter, there is no affidavit by way of reply disputing the averments thereof. However, it cannot be said that there is no material to place on record that there is no fair investigation. It is stated in the counter that pursuant to lodging of complaint by the petitioner, twelve witnesses were examined and nobody has corroborated the version of the petitioner. It is further stated that when the Assistant Commissioner of Police visited the petitioner in the hospital, he was in a drunken state and that he gave requisition to the Medical Officer of the Hospital for issuance of a certificate in that regard. It appears, investigation is completed, the case is not established against the accused and the police are yet to file final report. Further, in this writ petition, the interim orders were obtained by the petitioner. Though it is the case of the petitioner that there is no fair investigation, except his self-serving statements, there is no other material to show that the investigation in the aforesaid crime is not fair. In any event, if the petitioner is aggrieved by the final report, he can file objections by way of protest petition or seek further investigation in the matter by approaching competent Court. But, when it is stated that the entire investigation is completed, this Court cannot interfere with the same at this stage by issuing directions as sought for by the petitioner in the writ petition filed under Article 226 of the Constitution of India. The petitioner also sought for transfer of the investigation, but to that effect, no material is placed before this Court and as much as it is stated that the entire investigation is completed, this Court is of the view that there are no grounds to transfer the investigation at this stage. For the aforesaid reasons, the writ petition is devoid of merit and accordingly, dismissed. Consequently, interim order, dated 27.10.2009 is vacated. No order as to costs. ______________________ R.SUBHASH REDDY, J 9th JULY, 2010. kvni