IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 18966 of 2008 Between: K. Lakshminarayan, S/o. Venkatappaiah R/o. 3rd Cross, 1st Main, Gouripet, Kothur, Karnataka. ..... PETITIONER AND 1 Station House Officer, Mulkacheruvu Police Station, Chittoor District. 2 Sub Inspector of Police, Mulkacheruvu Police Station, Chittoor 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 to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 1st and 2nd respondent in not investigating into Crime No.27/2006 registered with Mulkacheruvu Police Station, Chittoor District, in tracing out the lorry bearing No.KA-07-4381 of the petitioner as illegal, and arbitrary and consequently direct the Respondents herein to investiage into the said Crime No.27/2006 registered with Mulkacheruvu Police Station, Chittoor District and pass Counsel for the Petitioner:MR.BONTHAVISWANATHA REDDY Counsel for the Respondent No.: GP FOR HOME The Court made the following : ORDER: It appears that the petitioner is a owner of lorry bearing No.KA- 07-4381. His case is that the driver of his lorry K.Prasad along with a cleaner K.Nagendar while returning from Chennai to Anantapur on 08- 05-2006 after unloading chip load they reached Chittoor at around 12 mid night and at about 1 AM they have reached Palamneru of Chittoor District where some passengers who are 11 in number stopped the lorry and requested the driver to drop them on the way. Six of the persons sat in the cabin and others sat in the backside body of the lorry. Out of six persons sat in the cabin three of them got down at Punganur and other three were left at Madanapally and the other five persons who sat in the backside body of the lorry entered into the cabin and requested the driver to drop them at Mulkalacheruvu and on its way after crossing Vepurikota the passengers who sat in the cabin showed knives to the driver and cleaner, threatened them to kill if they make any noise and one of them took the steering of the lorry and took the lorry into the dry fields and tied both the driver and cleaner, left them there and took the lorry towards Mulkalacheruvu and immediately the cleaner had given a complaint to the Police Station concerned to take necessary action. In pursuance of the complaint the respondents registered Crime No.27 of 2006 under Section 395 IPC. According to the petitioner, there is no progress since the date of registration of Crime No.27 of 2006 on the file of the Mulkalacheruvu Police Station, Chittoor District. Therefore, seeks a mandamus to declare the action of the respondents 1 and 2 in not investigating into Crime No.27 of 2006 registered with Mulkalacheruvu Police Station as arbitrary and illegal. A detailed counter-affidavit has been filed by the respondents denying the allegations made by the petitioner and it is stated that no clues are available in Crime No.27 of 2006. The Investigation Officer filed final report into the Court referring it as “undetectable”. Further, it is stated that as and when clues are known the case of the complainant will be re-opened. The result of the investigation was also intimated to the complainant. The petitioner had not produced any sufficient documentary evidence either oral or written to prove the offence. Under those circumstances, the Writ Petition is disposed of directing the respondents to make all efforts to apprehend the culprits and to take further action as per law. No order as to costs. __________________ 18th November, 2008 SKM