Karri Somaraju, , Nani, v. The State Of Andhra Pradesh ,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.16968 OF 2018 O R D E R :

The case of the petitioners is that they were implicated as accused in Crime No.46/2018 on the file of Annavaram Police Station, East Godavari District, falsely, with regard to death of one S.Sambamurthy who is the neighbouring land owner of the petitioners. The wife of the said deceased also staged a 'dharna' stating that some third persons have killed her husband but not the petitioners. Petitioners have also made a representation dated 09.03.2018 to respondents 2 to 4 bringing all the facts to their notice and also requested them to entrust the investigation to CBCID or any other police officer. Inspite of the same the 6th respondent, instead of proceeding against the real culprits, is proceeding against the petitioners. Aggrieved by the same, present writ petition is filed.

Heard learned counsel for petitioners.

Learned Assistant Government Pleader for Home submits that no acknowledgment is produced by the petitioners showing that they submitted representation to the respondents. In view of the above, it is open for the petitioners to make fresh representation to the 4th respondent. Accordingly, the writ petition is disposed of granting liberty to the petitioner to submit representation to the 4th respondent and on such representation being filed; the 4th respondent shall consider the same and take

action, in accordance with law, as superior officer has power to exercise power under Section 36 of Cr.P.C. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

_______________________________ A.RAJASHEKER REDDY, J 09.07.2018 t k.