IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 8001 of 1999 Between: Nerella Lakshmi Devamma W/o Nerella Venkateswarlu Rep. by her G.P.A. Sri Nerella Venkateswarlu S/o Sri Late China Kotaiah, 64 years, Occ: Business, R/o 11/270, Maganiwari Street, Santhapet, Nellore. ..... PETITIONER AND 1 The Principal Secretary to the Govt. Home Department, Government of Andhra Pradesh, Secretariat Building, Hyderabad. 2 The Superintending of Police, Nellore, Nellore District. 3 The Station House Officer, P.S. III Town, Nellore. 4 M/s Pardha Saradhi Real Estates, rep. by its Managing Partner Sri Paritala Venkateswarlu S/o Venkata Seshaiah, 6/10, Prakashnagar, Stone-Housepet, Nellore-2, Office at No.5, C- Block, Saikrishna Complex, Jonnalagaddavari St., Nellore - 1. 5 Vakati Sreenivasulu, alias Vasu S/o. Sree Ramulu R/o Nawebpet, Nellore. 6 Pabbisetty Venugopal S/o Raghavayya R/o 405, Rukmini Enclave, Opp. Challa Nursig Home, Dhavankaran Road, Ameerpet, Hyderabad. 7 Appala Suseela W/o Ranganadham R/o 3/10, Stonehousepet, Nellore-2. 8 Cheedalla Badrinath S/o Radhakrishnayya R/o 18/102, Barracks, Nellore. R8 Dismissed for default as per court order dt. 21/2/03, 9 Patti Padmavathi W/o Jayaramayya R/o 27-11-790, A.C. Thota, Nellore-2. R9 Disd. for default as per court order dt. 21-2-03, 10 Mannadi Penchalaiah s/o Kanniyappan R/o 12/1302, Rajendra Nagar, Nellore. 11 Yedupati Thirupal Naidu S/o Peda Malakondayya R/o 3/786, Battawari Street, Chettigunta Road, Stonehousepet, Nellore-2. R11 disd. for default as per court order dt. 21-2-03, 12 Jaladanki Sreenivasulu S/o Puttayya R/o 2/97, Kissannagar, Nellore-2. R12 dismissed for default as per court order dt. 21-2-03, .....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 a Writ order or Direction more particularly one in the Nature of Writ of Mandamus declaring the inaction of the Respondent Nos. 2 and 3 in not taking any action in Crime No. 233/98 of III Town Police Station, Nellore, as illegal by directing them to take up investigation and complete the same within 2 weeks from to-day and consequently directing the Respondents 2 and 3 to seize all the records and documents in the premises of 4th Respondent and also in the residential houses of Respondents No. 5 to 12 and pass such other order or orders as this Hon'ble Court may deem fit and proper. Counsel for the Petitioner: SMT.V.MEENAKSHI Counsel for the Respondent No.: GP FOR HOME The Court made the following : ORAL ORDER: The inaction of respondents 2 and 3 in not taking any action in Crime No.233 of 1998 of III Town Police Station, Nellore, is questioned in this writ petition as arbitrary and illegal and the petitioner requests that a direction be given to them to take up the investigation and complete the same within two weeks. A report is ﬁled by the Sub-Inspector of Police, III Town Police Station, Nellore, dated 19-08-2008, wherein it is stated that the husband of the petitioner had filed a private complaint before the Court of II Additional Judicial Magistrate of First Class, Nellore, against the unoﬃcial respondent, that the Magistrate had forwarded the complaint to III Town Police Station, Nellore, for enquiry under Section 156(3) Cr.P.C., that on receipt of private complaint a case in Crime No.233 of 1998 under Sections 406, 420 IPC was registered, that during the course of investigation ﬁve witnesses were examined and their detailed statements were recorded and that a prima-facie case was made out against all the accused A-1 to A-9, (the unofficial respondents herein), that they had committed the oﬀences punishable under Sections 406 and 420 IPC and charge sheet was ﬁled against them on 17-06-1999 which was taken on ﬁle as C.C.No.323 of 1999. It is further stated that all the accused got anticipatory bail from the Court of the Sessions Judge, Nellore, and all the accused except A-3 were acquitted by the Court, that on the case being split up against the third respondent a non-bailable warrant was issued against him and trial was conducted against A-1, A-2, A-4 to A-9, that the complainant was not examined as he was no more and the remaining witnesses had turned hostile, that the II Additional Judicial First Class Magistrate, Nellore, had acquitted all the accused except A-3 under Section 248(1) Cr.P.C. It is further stated that the case against the third respondent was split up and assigned C.C.No.434 of 2004, it is still pending adjudication and that the matter had been posted to 11-11-2008. The Sub- Inspector of Police would state that sincere eﬀorts are being made to trace the third accused but the non-bailable warrant could not be executed against him and that all possible steps are continued to execute the non-bailable warrant against the third accused. It is evident from the report that the respondents have taken action, that a non-bailable warrant is pending execution and that eﬀorts are still on to trace the third accused. The grievance of the petitioner has been substantially met. Taking into consideration the report of the S.I. of Police, I see no reason to pass any further orders in the writ petition and the same is accordingly dismissed. However, in the circumstances without costs. ______________ 26th August, 2008 SKM