IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD FRIDAY, THE FIRST DAY OF MARCH, TWO THOUSAND AND THIRTEEN :PRESENT:
THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WP .NO: 2147 of 2013 Between:
Alaparti Chinna, D/o. Gurakaiah AND . Petitioner
1 The Government of Andhra Pradesh, Rep. by the Director General of Police, Hyderabad.
2 The Addl. Director General of Police, C.I.D, Hyderabad.
3 The Superintendent of Police, Guntur, Guntur District.
4 The Deputy Superintendent of Police, Tenali, Guntur District.
5 The Station House Officer, Tenali Town Police Station, Tenali, Guntur District.
6 Kota Lakshmi Satyanarayana, S/o. Bapanaiah, R/o.Telephone Exchange Road, Tenali, Guntur District. PIN:522201.
. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ order or direction more particularly in the nature of writ of Mandamus declaring the inaction of the Respondents 1 to 5, in not conducting the investigation and not filing the Final Report in F.I.R.No.73/2011, Dated 30-06-2011, against 6th Respondent, under Sections 420, 323, 506, 509 of I.P.C., and Section 3 (1) (X) of S.C., S.T. POA Act, before the Tenali Town P.S, is illegal, Contrary to Articles 14, 16 and 21 of the Constitution of India, contrary to provisions of S.C, S.T., POA Act, contrary to Provisions of Cr.P.C., and against the principles of natural justice, and consequently to direct the Respondents 1 to 5 to conduct the investigation and to file Final Report in F.I.R.No.73/2011, Dated 30-06-2011, before the Tenali Town P.S.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and orders of the High Court dated 8-2-2013 and 15-2- 2013 made herein and upon hearing the arguments of Sri S. Satyanarayana Moorthy, Advocate for the Petitioner, GP for Home for Respondent Nos.1 to 5, and Sri Prabhakar Sripada, Advocate for Respondent No.6, the Court made the following ORDER:
Sri S. Satyanarayana Moorthy, learned Counsel for the petitioner, states that the Mandal Revenue Officer conducted an enquiry last Friday into the petitioner’s caste status and submitted a report to the SDPO.
Learned Government Pleader for Home expresses ignorance as to whether or not the SDPO had received a copy of the Mandal Revenue Officer’s report. He would seek a week’s time.
The SDPO shall file a counter affidavit including on the aspect whether the petitioner’s caste status has been enquired into by the Mandal Revenue Officer, and a report was submitted to the SDPO by him. In case no counter affidavit is filed, the Investigating Officer (SDPO) shall be personally present in the Court on 08.03.2013 at 10.30 AM.
: 2 :
Post on 08.03.2013 in the Motion List.
Learned Government Pleader for Home is present in the Court and undertakes to inform the SDPO of his obligations under this order.
//TRUE COPY// To ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
1 The Investigating Officer (SDPO), Tenali Town Police Station, Tenali, Guntur District. (By Speed Post)
2 One CC to Sri S. Satyanarayana Moorthy, Advocate (OPUC)
3 Two CCs to the G.P. for Home, High Court of A.P., Hyderabad.
(By Spl. Messenger)
4 One spare copy. nnr HIGH COURT RR,J DATED: 01-03-2013 NOTE: In case no counter affidavit is filed, For appearance, Post on 8-3-2013 in motion list ORDER W.P.NO. 2147 OF 2013 DIRECTION HIGH COURT Nnr Date of Drafting : 02-03-2013 RR,J DATED: 01-03-2013 NOTE: In case no counter affidavit is filed, For appearance, Post on 8-3-2013 in motion list ORDER W.P.NO. 2147 OF 2013 DIRECTION