IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 26294 of 2001 Between: P. Ram Mohan, S/o. P. Ramaiah, Devapatla Village, Sambepalle Mandal, Cuddapah District. ..... PETITIONER AND 1 The Government of Andhra Pradesh Rep. by its Principal Secretary, Home (Police) Department, Secretariat Building, Hyderabad. 2 The Assistant Public Prosecutor, Raychoty (full additional charge of Lakireddy Palle), Cuddapah District. 3 The Station House Officer, Lakireddy Palle Police Station, Cuddapah District. 4 The District Collector, Cuddapah. 5 The Director of Sericulture, 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 an appropriate Writ order or direction mostly one which is in the nature of Writ of Mandamus declaring the in action of the 1st Respondent in passing appropriate order for granting permission for withdrawal of prosecution in C.C.No.44/99 on the file of the Court of the Judicial First Class Magistrate, Lakireddypalle Cuddapah District which is pending against the petitioner as illegal irregular arbitrary, unjustified, unconstitutional and unsustainable and direct the respondents to take appropriate action for withdrawal of the C.C.No.44/99 on the file of the Court of the Judicial First Class Magistrate, Lakireddypalle Cuddapah District. Counsel for the Petitioner: MR.P.VEERA REDDY Counsel for the Respondents: GP FOR HOME The Court made the following ORDER: THE HON’BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.26294 of 2001 ORDER: In this writ petition, the petitioner seeks a writ of Mandamus declaring the action of the first respondent in not passing appropriate orders granting permission for withdrawal of prosecution against the petitioner in C.C.No.44 of 1999 on the file of the Court of the Judicial Magistrate of First Class, Lakireddypalle, Kadapa District, as illegal and arbitrary. At the instance of the Assistant Director of Sericulture, Raychote, a case in Crime No.48 of 1998 on the file of Lakireddypalle Police Station was registered against the petitioner, for the alleged offence under Section 409 IPC. On filing charge sheet, the same was numbered as C.C.No.44 of 1999 on the file of the Court of the Judicial Magistrate of First Class, Lakireddypalle, Kadapa. Subsequently, in view of remittance of misappropriated amount of Rs.97,081.25 ps by the petitioner, the Director of Sericulture, Hyderabad, the fifth respondent herein, addressed a letter to the District Collector, Kadapa, the fourth respondent herein, to give instructions to the concerned for withdrawal of C.C.No.44 of 1999 pending on the file of the Court of the Judicial Magistrate of First Class, Lakireddypalle, Kadapa District. Pursuant to the same, the fourth respondent addressed a letter, dated 30.10.2001, to the first respondent-Government seeking permission for withdrawal of prosecution in C.C.No.44 of 1999. The only grievance of the petitioner in this writ petition is that in spite of said letter, dated 30.10.2001, addressed by the fourth respondent, no action has been taken thereon so far by the first respondent. Even from the counter affidavit filed on behalf of the respondents, there is no indication about the decision taken by the first respondent-Government pursuant to the letter, dated 30.10.2001. So far as withdrawal of prosecution is concerned, it is for the respondents to decide whether to proceed with prosecution or not. Merely because the misappropriated amount is remitted by the petitioner, that itself is not a ground to seek direction for withdrawal of prosecution. Further, as no decision is taken by the first respondent- Government pursuant to the letter, dated 30.10.2001, I deem it appropriate to dispose of this writ petition directing the first respondent-Government to take appropriate decision, if not already taken, on the letter addressed by the fourth respondent, dated 30.10.2001, as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order. Subject to above directions, the writ petition is disposed of. No order as to costs. _____________________ R.SUBHASH REDDY, J Dt.06.04.2009 VGB