IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.26901 of 2008 Between: Jammula Yallamanda ..... PETITIONER AND The Superintendent of Police, Guntur .....RESPONDENTS ORDER : The Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India seeking a writ of Mandamus declaring the action on the part of the respondent Nos.1 to 3 herein in not investigating into Crime No.72 of 2005 on the file of the 3rd respondent though registered on 31.08.2005 as illegal and arbitrary and consequently direct the respondent police to investigate and to file the final report before the Magistrate concerned . The learned Assistant Government Pleader for Home, on instructions, submitted that the Station House Officer, Rajupalem Police Station, Guntur District registered the said crime for the offence punishable under Section 304(A) of IPC. But, however, as no incriminating material was available, the 3rd respondent referred the case as mistake of fact and accordingly, a final report has been submitted to the II Additional Judicial First Class Magistrate, Sattenapalli on 17.01.2009. In the light of the subsequent developments, this Court is of the view that no orders can be passed in this petition and it is open for the petitioner to file a protest petition before the Judicial I Class Magistrate concerned. Accordingly, this writ petition is dismissed. No costs. _________________________ GOPALA KRISHNA TAMADA, J August 6, 2009 KSH