IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 8375 of 2005 Between: Mandapati Yesubabu, S/o. Prasada Rao, R/o. Chinnapeta, Rayakoduru Post, Veeravasaram Mandalam, West Godavari District. ..... PETITIONER AND 1 The Superintendent of Police, West Godavari, Eluru, West Godavari District. 2 The Sub-Divisional Police Officer, Narsapuram, West Godavari District. 3 The Station House Officer, Bhimavaram Rural, P.S. Bhimavaram,West Godavari District. 4 The Station House Officer, Bhimavaram I Town P.S. Bhimavaram, West Godavari District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue order or orders, direction or directions, writ or writs, particularly one in the nature of "WRIT OF MANDAMUS" declaring the action of the respondents in not taking action on the complaint filed by the petitioner is illegal, arbitrary, violative of Article 21 of the constitution of India and consequently direct the respondents to take action against the responsible persons as per the complaint of the petitioner, dated 10-1-2005 and to pass such other order as are necessary in the interest of justice Counsel for the Petitioner:MR.K.L.N.SWAMY Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.8375 of 2005 ORDER: It is the case of the petitioner that he has taken certain hand loans from some individuals and even though the said loans were repaid with huge interest, the individuals are trying to extract more money by fraudulent way of using forged documents and other documents and they are also threatening to kill him and his entire family and as such, the petitioner made a complaint before the 3rd respondent on 10-01-2005. It is further stated that as no action has been taken, the petitioner made a representation before the 1st respondent on 18-01-2005 enclosing copy of the complaint said to have been made to the 3rd respondent on 10-01-2005. Inspite of the said representation, the police authorities have not take any action and therefore, the petitioner seeks to issue a Writ of Mandamus declaring the action of the official respondents in not taking any action on the complaint made by the petitioner as illegal and arbitrary. A counter has been filed stating that for non-payment of loan amounts, the persons, who lent money, filed several cases in different courts and one of such cases is C.C.No.378 of 2004, on the file of the II Additional Judicial First Class Magistrate, Bhimavaram, West Godavari District, in which, non- bailable warrant was issued against the petitioner. It is stated that the petitioner never lodged any complaint against any individual, who lent money, as stated in the affidavit filed in support of the writ petition. Whenever any written intimation has been made by the complainant alleging that cognizable offence has been committed and if no crime is registered by the Station House Officer concerned, there is an effective alternative remedy under the code of criminal procedure for filing private complaint under Section 190 read with Section 200 Cr.P.C. before the Magistrate concerned. Accordingly, the writ petition is dismissed. However, it is open for the petitioner to approach Criminal Court concerned for filing private complaint. There shall be no order as to costs. ___________ 01-05-2008 Prv .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}