IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 18642 of 2008 Between: Mohd. Gohar Pasha S/o. Shaik Meeran Sab r/o. H.no. 5-6-418/1, Darga Yousufain, Nampally, Hyderabad. ..... PETITIONER AND 1 The Govt. of A.P., Rep. by Principal Secretary Home, Secretariat, Hyderabad. 2 The Commissioner of Police, Hyderabad, Basher Bagh, Hyderabad. 3 The Deputy Commissioner of Police, West Zone Hyderabad, A.C.Guards, Hyderabad. 4 The Asst Commissioner of police, Goshamahal Division, Hyderabad, Goshamahal, Hyderabad. 5 Station House Officer, P.S.Habeeb Nagar, Hyderabad, Habeeb Nagar, Hyderabad. .....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 more particularly one in the nature of Mandamus declaring the actions of Respondents in not conducting proper investigation by apprehending 1. Syed Sadiq, 2. syed Mehraj, 3. Irfan @ Bijlee, 4. Shariﬀ @ Choti who are The real accuse ionvolved in crime No. 89 of 2008 of P.S.Habeeb Nagar, as illegal, arbitrary and in violative of provisions of Criminal Procedure Code and Constitution of India consequently transfer the investigation of crime No. 89 of 2008 on the ﬁle of 5th Respondent to Police C.C.S. or C.B.C.I.D.Hyderabad or any other investigation agency other than 5th Respondent and pass such other orders. Counsel for the Petitioner:MR.MIRZASAFIULLA BAIG Counsel for the Respondent Nos.1 to 5: GP FOR HOME The Court made the following : THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 18642 of 2008 ORDER: The writ petition is mis-conceived. It would appear that the petitioner’s elder brother, one Syed Abdul Khader alias Khader Basha was murdered in May, 2008. The petitioner has no personal information or material, on the basis of which, he could identify the perpetrators of the culpable homicide of Syed Abdul Khader. In para-3 of the writ petition, he pleads that the deceased Syed Abdul Khader was falsely implicated in a murder case of Syed Ghouse Basha in 2005 and on that account, the brothers of Syed Ghouse Basha developed a grudge and Sadiq, Dastagir, Syed Feroz, Showkat, Syed Mehraj, Irfan (Bijlee) and Shareef(Choti), intended to kill Abdul Khader and on getting an opportunity, did so, in May, 2008. Petitioner alleges that while Syed Dastagir and Syed Feroz surrendered and confessed to the oﬀence, the main protagonists of the oﬀence Syed Sadiq, Syed Mehraj, Irfan alias Bijlee and Shariﬀ alias Choti are still at large, and the police are not investigating the case properly. What is the basis on which the petitioner concludes or alleges the involvement of the above four in the perpetration of the oﬀence of murder of Abdul Khader (the petitioner’s brother), is not apparent from the pleadings. On what material or basis, the petitioner presumes or suspects that these four are involved in the murder of his brother, Abdul Khader, the petitioner does not wish to share with the Court in the aﬃdavit. The petitioner’s suspicions in the context of the petitioner being a close relation of the deceased, are no substitute for proof in criminal law nor even an assumption of their implication in the offence. On the basis of an unsubstantiated suspicion, the petitioner alleges lax and desultory investigation by the police. In any event, should the petitioner have any material to suspect the involvement of any person in a crime, the petitioner has a plenitude of remedies under the provisions of the Code of Criminal Procedure, 1973 (for short ‘the Code’), including by way of ﬁling a private complaint or seeking a direction from the Jurisdictional Magistrate for a further investigation under Section 173 of the Code. A writ petition under Article 226 is a wholly extraneous remedy in the context of an available, alternative, speedy and efficacious remedy, under the provisions of the Code. On the aforesaid analysis, the writ petition is fundamentally misconceived, beseeches rejection and it is accordingly dismissed at the stage of admission. No costs. ____________________ GODA RAGHURAM,J DATE: 28th August, 2008 Pnb