IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12850 of 2004 Between: S.A.M. Hussainy S/o Syed Dawood zjuddsomu R/o 23/387, Dycus Road, Nellore ..... PETITIONER AND 1 Director General, CID Lakdi-ka-pul, Hyderabad 2 State of A.P. rep by Secretary Home Department, Hyderabad .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order, direction or Writ more particularly in the nature of Writ of Mandamus decclaring that the inaction of the CB CID represented by the first respondent in nottaking steps to expeditiously investigate the offence registered originally as Cr. No. 38/2003, Bitragunta RailwayPolice is an arbitrary and unlawful act amounting to dereliction of duty, and further directing the first respondent to ensure that the investigation is completed effectively and forthwtih with and final report U/s 173 (2) of Cr.P.C. is submitted in the Court competent to take cognisance ofthe case Counsel for the Petitioner:MR.K.BALAGOPAL Counsel for the Respondent No.: GP FOR HOME The Court made the following: Form-NIC-OGS/WP{TRT} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12850 of 2004 O R D E R: The only prayer in the writ petition is for the direction, directing the 1st respondent to ensure that investigation is completed effectively forthwith and to see that final report is filed in respect of Cr.No.38/2003 of Bitragunta Railway Police Station. A counter has been filed stating that investigation was already completed and action has been dropped. No reply has been given with regard to finalization of the investigation and dropping of action in the above referred crime. I am of the opinion that though the counter filed by the respondents is vague and is not known on what date the final report was filed and when the investigation was completed, but in the absence of any reply with regard to non-completion of investigation, I am of the opinion that nothing survives for adjudication in the present writ petition. The Writ Petition is, accordingly, dismissed. However, the petitioner is at liberty to question the final report, if he is so advised. ___________________ V.ESWARAIAH,J Dated: 26.06.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Director General, CID Lakdi-ka-pul, Hyderabad 2 State of A.P. rep by Secretary Home Department, Hyderabad 3.2CCs to 4.2CD copies