IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 24808 of 2005 Between: Mohd. Akbar Ali, S/o. Late M.A.Azeem, R/o H.No.10-3-291/1/P, IInd Floor, Vijayanagar Colony, Hyderabad. ..... PETITIONER AND 1 Station House Officer, Begumpet P.s., Begumpet, Hyderabad. 2 Sub-Inspector of Police, Begumpet P.S., Begumpet, 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 writ or order or direction, particularly a Writ in the nature of Certiorari calling for the records relating to the F.I.R.No.28/199 dt. 23.1.1999 on the file of the Station House Officer, Begumpet P.S., Begumpet, Hyderabd, wherein the petitioner is concerned as being illegal and unconstitutional. Counsel for the Petitioner:MRS.SOFIA BEGUM Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO.24808 OF 2005 ORDER: The petitioner seeks to issue a writ of Certiorari and quash the First Information Report (FIR) in Crime No.28 of 1999 dated 23-1-1999 on the file of the Station House Officer, Begumpet Police Station. The perusal of the said F.I.R., goes to show that on 22-1- 1999 while the immigration check for the passengers of Muscat flight No.I/C077 is in progress two passengers namely Raju @ Raju Bhayya and Chandrakanth Thakker reported for immigration check and found that their travel documents including the passports are not genuine. The investigation so far made revealed that the petitioner is involved in the commission of the said offence and therefore, it cannot be said that the petitioner is innocent. The F.I.R., is not a piece of evidence and investigation has to be completed. If the petitioner is innocent, it is always open for him to establish his innocence, but this Court cannot appreciate the said contentions without adducing evidence during the course of trial. Having regard to the facts and circumstances of the case, there are no merits in the writ petition and accordingly dismissed. _______________ V.ESWARAIAH,J Date:19-06-2008 Shr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Station House Officer, Begumpet P.s., Begumpet, Hyderabad. 2 Sub-Inspector of Police, Begumpet P.S., Begumpet, Hyderabad. 3.2CCs to 4.2CD copies