IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.17557 of 2004 Between: Natina Veera Venkata Satyanarayana S/o.Dharma Raju R/o.K.P. Palem, Mogalthur (M) West Godavari District. ..... PETITIONER AND 1 The Superintendent of Police West Godavari District, Eluru. 2 The Deputy Superintendent of Police Narasapur, West Godavari District. 3 The Station House Officer Mogalthur Police Station Mogalthur, West Godavari 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 to issue a writ of Mandamus or any other appropriate writ, order or direction declaring the action of the Respondents particularly the 3rd respondent in not executing the Non bailable warrants issued against the Accused in CC.No.265/2002 on the file of the Court of the Addl.Judicial First Class Magistrate, Narasapur, West Godavari District, as illegal, arbitrary and unjust and issue consequential direction to the Respondents to execute the said warrants forthwith and pass. Counsel for the Petitioner: MR.K.CHIDAMBARAM Counsel for the Respondent No.: GP FOR HOME The Court made the following: Form-NIC-OGS/WP{MPL} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.17557 of 2004 ORDER: Heard on either side. The petitioner seeks to issue a Writ of Mandamus, declaring the action of the respondents, particularly the 3rd respondent in not executing the non-bailable warrants issued against the accused in CC.No.265/2002 on the file of the Court of the Additional Judicial First Class Magistrate, Narsapur, West Godavari District, as illegal and arbitrary. This Court, while admitting the writ petition on 26.04.2005, passed a direction to the respondents to execute the non-bailable warrants issued against the accused in CC.No.265/2002 on the file of the Additional Judicial First Class Magistrate, Narsapur, West Godavari District. A counter has been filed, on behalf of respondents, stating that the post of Sub-Inspector of Police, Mogalthur Police Station is kept vacant for a period of nearly one year, and the present Sub-Inspector of Police took charge in the month of March, 2004 and he made efforts to trace out the accused for execution of non-bailable warrants. It is stated that as on the date of filing of the counter, the non- bailable warrants could not be executed. There cannot be any justification on the part of the respondents in not executing the non- bailable warrants. Except saying that sincere efforts have been made by the concerned police, no particulars have been furnished in what manner they tried to trace out the whereabouts of the accused. In view of the facts and circumstances of the case, the Writ Petition is disposed of, directing the respondents to execute the non- bailable warrants pending against the accused in CC.No.265/2002 on the file of the Additional Judicial First Class Magistrate, Narsapur, West Godavari District, as expeditiously as possible. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 17.04.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Superintendent of Police West Godavari District, Eluru. 2 The Deputy Superintendent of Police Narasapur, West Godavari District. 3 The Station House Officer Mogalthur Police Station Mogalthur, West Godavari District. 4 2. 2CCs to 5. 2CD copies