IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 23403 of 2005 Between: Devarapu Venkata Gandhi Chowdary, S/o. Venkateswarlu, ..... PETITIONER AND 1 The Superintendent of Police, Guntur , Guntur DIstrict, 2 The Station House Officer, Arundalpet L & O P.S., Guntur Town, Guntur District, 3 Sri Maddi Naga Prasad S/o. Suryanarayana, 4 Sri B. Sitaramaiah, Sub Inspector of Police, Special Branch, O/o. Superintendent of Police, Guntur, .....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 to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the FIR (Crime) No. 288/2005 of the 2nd respondent, Arundelpet (L & O) Police Station, Guntur, as illlegal, contrary to law and unconstitutional and consequently set -aside the same, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.N.NARASIMHA RAO Counsel for the Respondent No.: GP FOR HOME The Court made the following : Form-NIC-OGS/WP{VSMI} THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO.23403 OF 2005 ORDER: The petitioner questions the registration of Crime No.288 of 2005 dated 25-10-2005 for the offence punishable under Sections 447 and 506 read with Section 34 of the Indian Penal Code by the Station House Officer, Arundalpet Law and Order Police Station, Guntur Town. This Court while admitting the writ petition, granted interim stay of all further proceedings in the said crime including the arrest of the petitioner. No counter has been filed controverting the allegations made in the writ petition. However, it is stated that the provision of law under Section 420 of the Indian Penal Code was added subsequently and it is for the investigating officer to complete the enquiry. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the second respondent to complete the enquiry and file a final report, however without arresting the petitioner. No order as to costs. ________________ V.ESWARAIAH,J Date: 16-07-2008. Shr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Superintendent of Police, Guntur , Guntur DIstrict, 2 The Station House Officer, Arundalpet L & O P.S., Guntur Town, Guntur District, 3.2CCs to 4.2CD copies