IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11832 of 2008 Between: Asagar Begum W/o.Md. Sattar R/o.13-4-607/A/3 Panch Bhai Alawa Behind Mohsin Kirana Store Karwan,Hyderabad ..... PETITIONER AND 1 The Station House Officer Kulsumpura P.S Hyderabad 2 Afzal Begum W/o.late Md. Osman H.No.10-2-318/1/26 Feroz Gandhi Nagar Behind Priya Talkies New Mallepally,Hyderabad-27 3 Mohd.Sami S/o.late Osman H.No.10-2-318/1/26 Feroz Gandhi Nagar Behind Priya Talkies New Mallepally,Hyderabad-27 4 Mohd.Wasi S/o.late Osman H.No.10-2-318/1/26 Feroz Gandhi Nagar Behind Priya Talkies New Mallepally,Hyderabad-27 5 Mohd.Shaji S/o.late Md.Osman H.No.10-2-318/1/26 Feroz Gandhi Nagar Behind Priya Talkies New Mallepally,Hyderabad-27 6 Md. Shakeel Ahmed S/o.Md.Mazhar R/o.10-3-282/2/A/8/33/1 Humayun Nagar,Hyderabad 7 Md. Rafiuddin S/o.Md. Yousufuddin R/o.H.No.11-82 Khaji Mohalla Toopran Village and Mandal Medak District .....RESPONDENT(S) 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 to issue an apppropriate writ,order or direction more particularly one in the nature of writ of Mandamus,declaring the action of the respondent No.1 in not arresting the Accused persons ie Respondent No.2 to 7 in connection with Cr.No.37 of 2008 as illegal arbitrary unconstitutional and consequetly direct the respondent No.1 to arrest the Accused persons ie respondent Nos 2to 7 and to grant such other relief Counsel for the Petitioner:MS.ANJUM YASEEN Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11832 of 2008 ORDER: It is the case of the petitioner that she made a complaint against unofficial respondents 2 to 7 and the same was registered as Cr.No.37 of 2008, dated 10-03-2008, for the offences punishable under Sections 420, 404, 406 and 506 IPC read with Sections 120-B and 34 IPC on the file of the 1st respondent, but the 1st respondent has not taken any action to complete the investigation and to arrest the accused. Therefore, the petitioner seeks to issue a Writ of Mandamus declaring the action of the 1st respondent in not arresting the accused persons i.e., respondents 2 to 7 in connection with Cr.No.37 of 2008, as illegal and arbitrary. In every criminal case, it is not mandatory to arrest the accused and depending upon the exigency and requirement and to unravel the truth, it is for the Investigating Officer to take appropriate action in accordance with law. However, if any crime has been registered, the Investigating Officer shall investigate and complete the enquiry as expeditiously as possible without any undue delay. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the 1st respondent to expedite the investigation in Cr.No.37 of 2008 as expeditiously as possible without any undue delay. There shall be no order as to costs. __________ 11-06-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR}