IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 10150 of 2005 Between: B. Lingaiah, S/o Yellaiah, R/o Kondapuram Village, Chandur Mandal, Nalgonda District, presently staying at Anandnagar, Malakpet , Hyderabad. ..... PETITIONER AND 1 The Superintendent of Police, Nalgonda District, Nalgonda. 2 The Station House Officer, Munugondu P.S., Nalgonda District. 3 Pagilla Sreenu, S/o P. Lingaiah,R/o Cheekati Mamidi (v), Munugode Mandal, Nalgonda 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 issue an appropriate Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of respondents 1 and 2 herein in not transferring the case in FIR.No. 12/2005 to an independent Officer, other than the 2nd respondent, for proper enquiry, as illegal,null, void and arbitrary; and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.K.DURGA PRASAD Counsel for the Respondent Nos. 1 and 2: GP FOR HOME Counsel for the Respondent No. 3: Mr.M.Narayana Rao The Court made the following : ORDER: The petitioner seeks to issue a writ of mandamus declaring the action of the respondents 1 and 2 in not transferring the case in FIR No.12 of 2005 to an independent officer, other than the 2nd respondent, for proper enquiry, as illegal and arbitrary. The only grievance of the petitioner is that the second respondent has no power to investigate the crime in question. However, in view of the counter filed stating that the Sub-Divisional Police Officer is conducting the investigation, the relief sought for, in the writ petition has become infructuous. Accordingly, the writ petition is dismissed as infructuous. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:04.03.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{AVLR}