IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 24097 of 2004 Between: Dara Rama Narasimham, S/o. Late Daivadeenam, R/o. Netaji Market Area, Kothagudem, Khammam District. ... PETITIONER AND 1 The Superintendent of Police, Khammam, Khammam District. 2 The Deputy Superintendent of Police, Kothagudem, Khammam District. 3 The Inspector of Police, Kothagudem, Khammam District. 4 The Sub-Inspector of Police, III Town, Kothagudem, Khammam District. 5 Kambanpati Ramesh, S/o. Late Satyanarayana, R/o. Main Bazar, Kothagudem Town and Mandal, Khammam District. 6 Mittapalli Pandu Ranga Rao, S/o. Late Naga Ratnam, R/o. Main Bazar, Kothagudem Town and Mandal, Khammam District. 7 Annawarapu Rajeswara Rao, S/o Late Jalaiah, R/o. Komatla Bazar, Behind Ganesh Temple, Kothagudem Town and Mandal, Khammam District. ...RESPONDENTS 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 of Mandamus or any other appropriate Writ or order or direction in the nature of a writ declaring action of the respondents 2 to 4 in not investigating into and file report on the irregularities and fraud committed by the respondents 5 to 7, while functioning as President, General Secretary, Treasurer of "Arya Vysya Annadana Sathram" Kothagudem, Khammam District as highly illegal, high handed, arbitrary and violative of the provisions of Criminal procedure code, and to pass such other order or orders. Counsel for the Petitioner: MR.J.V.PRASAD Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER: The only grievance of the petitioner is that the respondents 2 to 4 are not investigating and filing a report on the irregularities and fraud committed by the respondents 5 to 7 based on his complaint. 2. Counter has been filed on behalf of the respondents 1 to 4 stating that basing on the complaint filed by the petitioner before the Additional Judicial First Class Magistrate, Kothagudem, referred to them under Section 156(3) of the Code of Criminal Procedure, a case in Cr.No.77 of 2004 under Sections 406 and 409 of the Indian Penal Code was registered on 12.07.2004 and investigation has been taken up. It is stated that on the date of filing counter i.e. 30.12.2004, the investigation is under progress. 3. As it is stated that crime has been registered and investigation is under progress at the time of filing the writ petition and having regard to the facts and circumstances, the official respondents are directed to complete the investigation, if not already completed, as expeditiously as possible. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J April 23, 2008 DSK