(Prayer: Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus Declaring the proceedings in DOR No. 78/2018 -19 prepared by Forest Beat Officer, Elachetla Dibba Beat, of Nagayalanka Section, Krishna Dist is illegal and without there being any jurisdiction for doing the same and consequently set aside the same in the interest of justice and to pass

IA NO: 1 OF 2019

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased To stay all further proceedings consequent to said DOR No. 78/2018 -19 prepared by Forest Beat Officer, Elachetla Dibba Beat, of Nagayalanka Section, Krishna District including arrest of the petitioner pending disposal of above WP in the interest of justice)

1. This Writ Petition is filed under Article 226 of Constitution of India with the following prayer:

               “....to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the proceedings in DOR No. 78/2018 -19 prepared by Forest Beat Officer, Elachetla Dibba Beat, of Nagayalanka Section, Krishna District, is illegal and without there being any jurisdiction for doing the same and consequently set aside the same in the interest of justice …”

2. Heard Sri Yallabandi Ramatirtha, learned counsel for the petitioner and Sri T.S.Rayulu, learned Government Pleader for Forests for the respondents.

3. When the matter is taken up for hearing, learned Government Pleader for Forests brought to the notice of this Court that the investigation is completed against this petitioner and the authorities are going to file charge sheet in this matter before the learned Judicial Magistrate of First Class Magistrate, Avanigadda. He would further submit that for want of some other information, it has not yet been filed.

4. Learned counsel for the petitioner would submit that a Co-ordinate Bench of this Court, vide order dated 03.04.2019, granted protection to the petitioner by directing the respondent-authorities not to take any coercive steps against him, including arrest. It is further submitted that, in view of the said protection and having regard to the submissions made on behalf of the respondents that the investigation has been completed and the charge sheet is yet to be filed, continuing the interim protection granted earlier, the writ petition may be disposed of.

5. In the light of the submissions made and on perusal of the material on record, the fact remains that a case has been registered against the petitioner based on the confession of the co-accused. In that view of the matter, continuing the protection granted earlier to the petitioner by a Co-ordinate Bench of this Court vide order dated 03.04.2019, this Writ Petition is disposed of. However, the petitioner is at liberty to work out his remedies before the appropriate forum in accordance with law with regard to the crime registered against him, and the respondent-authorities are at liberty to conclude the investigation and file a final report before the appropriate forum in accordance with law. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.