Telangana High Court

WP/26579/2008 of Cherupalli Venkateswarlu Vs The Station House Officer, on 24 December 2008

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO:26579 of 2008 Between: Cherupalli Venkateswarlu S/o. Veeraiah R/o. Vemulapalli Village

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENT

THE HON'BLE MR JUSTICE C.V.RAMULU

WRIT PETITION NO:26579of2008

Between:

Cherupalli Venkateswarlu S/o. Veeraiah

R/o. Vemulapalli Village and Mandal, Nalgonda District.

..... PETITIONER

AND

1 The Station House Officer, Vemulapalli Police Station, NalgondaDistrict.District.

2 The Superintendent of Police, Nalgonda, Nalgonda District.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to issue an appropriate writ or order or direction moreparticularly one in the nature of Writ of Mandamus declaring theinaction of the respondents in not taking any steps in the mater ofinvestigation relating to a case in Cr.No.41 of 2007 registered U/sec.143, 447 and 427 of IPC on the file of Vemulapalli Police Station,Nalgonda District, as illegal, arbitrary and consequently direct therespondents to investigate the case in Cr.No.41 of 2007 registeredU/sec. 143, 447 and 427 of IPC on the file of Vemulapalli PoliceStation, Nalgonda District, and file a Final Report.

Counsel for the Petitioner:MR.A.PRABHAKAR RAO

Counsel for the Respondents:GP FOR HOME

The Court made the following :

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ORDER:

This writ petition is filed seeking a mandamus declaring theaction of the respondents in not taking steps in the matter ofinvestigation relating to Crime No.41 of 2007 registered for theoffences punishable under Sections 143, 447 and 427 IPC on the fileof Vemulapalli Police Station, Nalgonda District, as arbitrary andillegal.

There is no necessity of going into all the details. In the counter-affidavit filed by the respondents, it is stated that the investigationdisclosed that on 02.06.2007 at about 12.00 hours, the allegedaccused entered into the batavian garden of the complainantpresuming that the said gardens are situated in the assigned landsand erected the Congress party flags with an intention to bring thematter to the notice of the Government, but no offence took place asstated by the complainant. Hence, the complaint of the petitioner wasreferred as a mistake of fact. Permission was obtained from the Sub-Divisional Police Officer, Miryalaguda Division on 01.12.2008 forreferring the complaint of the petitioner as a mistake of fact.

Under those circumstances, nothing survives for furtheradjudication in this writ petition and, therefore, it is liable to be closed.The writ petition is accordingly, closed. However, this will not preclude the petitioner from taking up remedial steps as availableunder law. No costs.

________________C.V.RAMULU, J

24[th] DECEMBER, 2008

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