IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY
WRIT PETITION No.15939 of 2007
Between:
Nakka Venkata Surya Prakash … Petitioner And Smt. Lalitha & others.
… Respondents Counsel for the Petitioner: None Counsel for respondent No.3: AGP for Home The Court made the following:
THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.15939 of 2007 ORDER:
This writ petition is filed for a Mandamus to declare the inaction of the respondents in changing the investigating officer and completing the investigation within the time stipulated as per Rules, as illegal and arbitrary. The petitioner sought for a consequential direction to respondent No.3 to entrust the investigation to another DSP.
Respondent No.3, Superintendent of Police, Vizianagaram District, Vizianagaram, filed a counter affidavit, wherein it is inter alia stated that respondent No.2, who was appointed as investigating officer, has made proper investigation and completed the same by 14.05.2007 and filed the final report before the Judicial First Class Magistrate, Kothavalasa on 13.06.2007 referring the case as false after taking his approval. It is further stated that the petitioner refused to receive the notice of final report, that the same was sought to be served on him on 30.06.2007 and that he filed the present writ petition suppressing the said fact. It is also averred that the Court of Judicial First Class Magistrate, Kothavalasa issued notice to the petitioner and the case stood posted to 30.08.2007.
In view of filing of the final report by the police before the jurisdictional Magistrate, the petitioner is entitled to file a protest petition before the Magistrate concerned and raise all legally sustainable objections. Therefore, I am of the view that it is not a fit case where the prayer in the writ petition can be granted.
Subject to the above observations, the writ petition is dismissed.
As a sequel to dismissal of the writ petition, WPMP.No.20218 of 2007 filed by the petitioner for interim relief is also dismissed.
C.V.NAGARJUNA REDDY, J Date: 25.06.2010. ES