IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESSDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 15744 of 2009 Between: B.Lakshmaiah Mandadi S/o.Bakkaiah Mandadi R/o.G.Gollapalle Village, Gundlapalle Post, Irala Mandal, Chittoor District. ..... PETITIONER AND 1 State of Andhra Pradesh, represented by SHO, Irala Police Station, Chittoor District. 2 Gopal Mandadi R/o.G.Gollapalle Village, Gundlapalle Post, Irala Mandal, Chittoor District. 3 B.Chinnaraja Mandadi S/o.Gopal Mandadi R/o.G.Gollapalle Village, Gundlapalle Post, Irala Mandal, Chittoor District. 4 Ganapathi S/o.Munirathnam R/o.G.Gollapalle Village, Gundlapalle Post, Irala Mandal, Chittoor District. 5 Smt.Vasantha W/o.late C.Guravaiah R/o.G.Gollapalle Village, Gundlapalle Post, Irala Mandal, Chittoor District. 6 Smt.Sarojamma W/o.Gopala Mandadi R/o.G.Gollapalle Village, Gundlapalle Post, Irala Mandal, Chittoor District. 7 Sri Chandra Sekar Naidu Chittoor District. 8 The Superintendent of Police, Chittoor. .....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 issue an order, direction or a W.P. more particularly in the nature of Writ of Mandamus by declaring the inaction of the Respondents No.1 and 7 in regard to investigation into the FIR No.13/09 and arrest and remand of the accused therein and filing final report thereupon as arbitrary, illegal discriminatory, biased, malice in Law and for extraneous considerations, without competency and jurisdiction, being violation of Article 14 and 21 of the Constitution of India by calling for the records relating to the above described FIR and consequently direct the respondents to take the accused into custody and remand them to the concerned Court. Counsel for the Petitioner:MR.KRISHNA DEVAN Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.15744 OF 2009 ORDER: 1 Aggrieved by the inaction on the part of the official respondents in not holding an enquiry into Crime No.13 of 2009 registered by the S.H.O. Irala P.S., Chittoor District, the petitioner approached this court and filed the present Writ Petition. 2 When the matter is taken up for hearing, the learned Assistant Government Pleader, on instructions, stated that on the basis of the report given by the petitioner a case in Cr.No.13 of 2009 was registered for the offence punishable under Section 324 r/w 34 of IPC against the respondents 2 to 6 and thereafter several persons were examined but no incriminating material could be gathered form the said witnesses. The learned Assistant Government Pleader further stated that even the medical evidence also does not establish the guilt of the accused persons and accordingly the matter is closed as a mistake of fact. 3. In that view of the matter, this court is of the view that the apprehension of the petitioner that as the respondents 2 to 6 are hand in glove with the official respondents and because of that only the police are not conducting any investigation into the said crime is incorrect. Now that the police have concluded that the case is closed as mistake of fact, I am sure that the police will file a report before the concerned Judicial Magistrate of I Class and as and when such a report is filed, it is always open to the petitioner to act in accordance with law. 3 The Writ Petition is accordingly dismissed. No order as to costs. ------------------- kvsn 05.08.2009