THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.21913 of 2009 DATE:26.11.2009 Between: Mohammed Tahiruddin ... Petitioner and The Superintendent of Police, Nizamabad District and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.21913 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of the 2nd respondent in conducting unfair investigation into Crime No.152 of 2009, as illegal and arbitrary, and consequently, to direct the 1st respondent to transfer the case to any other police station for fair investigation. 2. According to the petitioner, pursuant to a complaint dated 04.10.2009 given by him against respondents 3 to 5, the 2nd respondent registered a case in Crime No.152 of 2009 for the offence under Section 324 IPC. Though his wife received grievous injuries, the 2nd respondent intentionally registered the Crime for the offence under Section 324 IPC instead of 326 IPC. Apprehending that there may not be fair investigation into the Crime, he approached this Court and filed the present writ petition. 3. On instructions, the learned Government Pleader for Home has submitted that on the basis of the medical certificate issued by Doctor Raghavendra Reddy, Government Area Hospital, Bodhan, stating that the injuries are simple in nature, the investigation was proceeded in those lines and after completion of investigation, charge sheet was filed against respondents 3 to 5 for the offence under Section 324 r/w Section 34 IPC on 08.10.2009 before the Judicial Magistrate of First Class, Bodhan, Nizamabad District. 4. In the light of the submission made by the learned Government Pleader, this Court is of the view that the relief sought for by the petitioner cannot be granted. However, if the petitioner has any grievance, he may approach the very same court and file a private complaint before it against respondents 3 to 5 for the offence under Section 325 IPC or 326 IPC. 5. Accordingly, this writ petition is disposed of. There shall be no order as to costs. _____________________________ GOPALA KRISHNA TAMADA, J 26th November, 2009 cbs THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.21913 of 2009 (Disposed of) 26th November, 2009 cbs