HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 22007 of 2007 Dated 21stJanuary, 2008 Between Mala Manjunath …Petitioner and The State of AP, rep. By its Principal Secretary, Home Department, Secretariat, Hyderabad, and, ors …Respondents. THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 22007 of 2007 ORDER: This Writ Petition is filed seeking Writ of Mandamus to declare the action of the respondents in not arresting Accused No.6 in Crime No. 47/2007 on the file of the III Town Police Station, Adoni, Kurnool District as illegal and arbitrary and consequently to direct the first respondent to hand over the case to CID police for proper investigation. Pursuant to the complaint lodged by the petitioner with the respondents-Police on 4-7-2007, a case in Crime No. 47/2007 was registered on the file of the III Town Police Station, Adoni, for the offence under Sections 506, 302 r/w 34 IPC. The sum and substance of the complaint of the petitioner dated 4-7-2007 was that-- on 4-7- 2007 at about 10.00 AM, the persons named in the said complaint and some other labourers tried to lay slab of the building in the piece of land in dispute. Then, the petitioner, his mother and brother, by name, Krishna, and others went to the spot and obstructed the same and asked those persons not to lay the slab. It was stated in the complaint that at that time, they went away and thereafter, at about 10.30 AM, again, the persons named in the complaint with the help of the labourers started laying the slab. In view of the said dispute, the persons named in the complaint bet the brother of the petitioner, by name, Sri Krishna, and, others, by name, Sri Manjunath, and Yellamma, who is the mother of the petitioner. In the said tussle, the brother of the petitioner-Krishna fell unconscious and when he was being taken to Government Hospital, Adoni, he died. It was the complaint of the petitioner that A1 to A5, A7 and others are responsible for the murder of his brother and the said murder is only at the instance of Accused No.6. In this Writ Petition, it is the grievance of the petitioner that though his brother was murdered at the instance of Accused No.6 in Crime No. 47/2007, but he is not being arrested and no proper investigation is being done. Hence, the petitioner seeks direction for arrest of Accused No.6 and to handover the case to CID Police for proper investigation. The respondents have filed report showing the stage of investigation and the steps taken pursuant to the complaint of the petitioner dated 4-7-2007. It is stated in the report that pursuant to the complaint of the petitioner dated 4-7-2007, a case in Crime No. 47/2007 was registered and the case is being investigated and the police have examined altogether 28 witnesses and recorded their statements. It is further stated in the report that except P.Ws. 1 to 5, who are the blood relatives of the deceased, other witnesses, P.Ws. 6 to 28 stated that there was neither physical presence of one Sri Ramachjandra, who is Accused No. 6, nor any evidence for his instigation before the commission of offence. In the report, it is categorically stated that there is no involvement of Accused No.6, Sri Ramachandra, Councillor, in the said crime. In the said report, it is stated that during the investigation, it came to light that there are political ill-feelings between alleged A-6 and deceased-Mala Krishna and his father, by name, Sri Venkoba. It is further stated that during the recent municipal elections, the father of the deceased, Sri Venkoba, contested as an independent candidate against the alleged accused A-6. In view of the detailed report and steps taken by the respondents during the investigation, it cannot be said that no proper investigation is being done. Merely because, Accused No.6 in the said crime is not being arrested, it is not for the petitioner to seek direction by way of Writ of Mandamus to the respondents for arrest of Accused No.6. Once complaint is filed, it is for the respondents to prima facie satisfy involvement of such accused before taking steps for arrest of the accused. In any event, when the case is under investigation, and, even before final report as required under Section 173 Cr.P.C. is filed, the petitioner cannot seek direction by way of Mandamus for arrest of any particular accused in the crime registered, which is under investigation. If the petitioner is aggrieved by the final report to be filed by the police under Section 173 Cr.P.C., it is always open for the petitioner to file objections to the final report. But, even before final report under Section 173 Cr.P.C. is filed, the petitioner cannot seek Mandamus for arrest of any particular accused. In view of the report, I am satisfied that the respondent-police itself are properly investigating the case and there is no any other material on record to show that no proper investigation is being done by the respondents in Crime No. 47/2007. I do not find any merit to admit the Writ Petition and issue directions as prayed for. The Writ Petition is dismissed. No order as to costs. ---------------------------------- JUSTICE R. SUBHASH REDDY DATE: 21-1-2008. Msnr.