IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 5795 of 2005 Between: T.V.Thota Rao, S/o. Surya Krishna Rao, Aainadu, Padmanabham Mandal, Vishapatnam District. ..... PETITIONER AND 1 The Station House Officer, Padmanabham Police Station, Padmanabham Mandal, Visakhapatnam District. 2 Bangaru Lakshmi, W/o. Suryanarayana, Satyanarayanapuram Hamlet, Aainadu, Gram Panchayat, Padmanabham Mandal, Visakhapatnam 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 isseu, a Writ, Order, Or Direction, more particularly one in nature of Writ of Mandamus declaring the action of the 1st Respondent in registering F.I.R(Crime) No.12 of 2005 under the provisions of Section3 cl(X) of SC, ST Atrocities Act 1989 & Sections 509 & 323 of IPC, while not registering Crime/F.I.R. against the 2nd Respondent in pursuance of the complaint of the Petitioner dt.09-03-2005 as malafide, bad in law, illegal and violative of Articles 14 & 21 of Constitution of India and consequently set aside the F.I.R(Crime) No.12 of 2005 on the file of the Station House Officer, Padmanabham Mandal, Visakhapatnam District, in the Interest of Justice and pass such other or orders. Counsel for the Petitioner:MR.B.SUDHAKAR REDDY & ASSOCIATES Counsel for the Respondent No.: GP FOR HOME The Court made the following : O R D E R: The petitioner seeks a writ of mandamus declaring the action of the 1st respondent-police in registering the F.I.R. No.12 of 2005 under the provisions of Section 3(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the SC & ST Act”) and Sections 509 and 323 IPC while not registering the F.I.R. against the 2nd respondent in pursuance of the complaint dated 09.03.2005 given by the petitioner, as illegal and arbitrary and consequently to set aside the FIR No.12 of 2005 on the file of the Station House Officer, Padmanabham Mandal, Visakhapatnam District. It is the case of the petitioner that while he was working as Panchayat Secretary in Aainada Gram Panchayat, Padmanabham Mandal, the Panchayat President by name Korada Rameshwar Rao filed complaint against him under the provisions of the SC and ST Act. It is stated that based on the said complaint, a case was registered against the petitioner, but on the complaint given by the petitioner against the 2nd respondent, no case was registered. A counter has been filed by the first respondent stating that a complaint has been received against the petitioner on 09.03.2005 and pursuant to the said complaint, a case in Crime No.12 of 2005 under the provisions of Section 3(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 509 and 323 IPC has been registered and while the investigation was under progress, the interim stay granted by this Court has been upheld and therefore, the investigation could not be completed. In the circumstances of the case, I am of the opinion that if the complaint given by the petitioner is not registered, it is always open for the petitioner either to send a report to the superior officers or file a private complaint before the Magistrate concerned. But, registering a crime based on the complaint filed against the petitioner cannot be held to be illegal as the said complaint said to have been attracts the offences registered in the said crime. Further, this Court cannot consider the said contentions unless the investigation is completed and the Court concerned considers the evidence. Hence, there are no merits in the writ petition filed by the petitioner and it is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:03.03.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BJPR}