IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY FRIDAY, THE EIGHTEENTH DAY OF JUNE, TWO THOUSAND TEN WRIT PETITION No.17978 OF 2007 Between: Sri S.Manohar. … Petitioner And The Commissioner of Police, Cyberabad, Lakdikapul, Hyderabad and another. … Respondents Counsel for the petitioner: Sri P.Badri Premnath. Counsel for the respondents: Assistant Government Pleader for Home. This Court made the following: ORDER:- This Writ Petition is filed for a Mandamus to declare the inaction of respondent No.1 to order for a fresh investigation in respect of FIR No.143 of 2007 on the file of the Station House Officer, Saroornagar Police Station, Ranga Reddy District, respondent No.2 herein, and file Additional Charge-sheet in C.C.No.689 of 2009 on the file of the Court of the II Metropolitan Magistrate, Cyberabad, L.B.Nagar, as illegal and arbitrary. The grievance of the petitioner is that respondent No.2 has not conducted proper investigation in the said Crime and filed a defective charge sheet. In his affidavit, the petitioner referred to certain areas, which require further investigation. In my opinion, since charge-sheet has already been filed, it would be more appropriate for the petitioner to approach the Court of the II Metropolitan Magistrate, Cyberabad, L.B.Nagar, in which the calendar case is pending, and raise all legally permissible pleas regarding the inadequacies in the charge-sheet as the said Court would be in a better position to appreciate the contentions of the petitioner and vested with the power to order for further investigation and file additional charge sheet. (See: the decision of the Supreme Courts in Kishan Lal Vs. Dharmendra Bafna[1], Kashmeri Devi Vs. Delhi Admn[2] and Gudalure M.J.Cherian Vs. Union of India[3]). In this view of the matter, the Writ Petition is disposed of by permitting the petitioner to file appropriate application before the Court of the II Metropolitan Magistrate, Cyberbad, L.B.Nagar. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:18-6-2010 MNR [1]) (2009) 7 SCC 685 [2]) 1988 Supp SCC 482 [3]) (1992) 1 SCC 397.