IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 8054 of 2009 Between: 1 Peddireddy Rama Krishnaiah (Hindu, Male) S/o. Appala Swamy R/o. Bommivari Street, Gandhi Nagar, Eluru - 2, West Godavari District. 2 Kasireddy Venkata Siva Sai Baba (Hindu, Female) S/o. Sri Ramulu R/o. D.No.7-10-22, Ujjithota Street, Godavari Gattu, Rajahmundry, East Godavari District. 3 Penta Satyanarayana (Hindu, male) S/o. Gopalam R/o. R.Y.P.S. Colony, Vagin Workshop, 120 E/Type, 3, Guntipalli Post, Vijayawada, Krishna District. 4 Penta Rama Rao (Hindu, male) S/o. Gopalam R/o. D.No. 20E-6-40, 12 Taps Center, Bommivari Veedhi, Eluru, West Godavari District. 5 Peddireddy Amar (Hindu, male) S/o. Rama Krishnaiah R/o. Bommivari Street, Gandhi Nagar, Eluru, West Godavari District. 6 Yegireddy Suryanarayana (Hindu, male) S/o. Paidaih D.No.7-10-12, VII Thota Veedhi, Godavari Gattu Street, Rajahmundry. ..... PETITIONERS AND 1 The Superintendent of Police Eluru West Godavari District. 2 The Sub-Inspector of Police Pentapadu West Godavari District. 3 Jami Kanaka Maha Lakshmi @ Kamala, (Hindu, Female) W/o. Sudhakar H.No.2-11/3, Pentapadu, Pentapadu Mandal, West Godavari District. .....RESPONDENTS 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 issue an appropriate Writ, direction or order more particularly writ in the nature of Writ of Mandamus declaring the action of Respondents No.1 & 2 as illegal, arbitrary and unconstitutional, without conducting any enquiry and trying to arrest the petitioners on the basis of false complaint of the 3rd respondent. Consequently to direct the Respondents No.1 & 2 to investigate by considering the attendance Registers of Petitioners No.3 & 4 and also Vakalatnama filed by the 3rd respondent's husband on 14-10-2008 in O.S.No.339/2008 on the file of Addl. Senior Civil Judge, Eluru, West Godavari District and pass such other order or orders in the interest of justice. Counsel for the Petitioners: MR.B.P.RAJU Counsel for the Respondents: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.8054 of 2009 ORDER: This writ petition is filed seeking a Writ of Mandamus declaring the action of respondents 1 and 2 in trying to arrest the petitioners on the basis of a false complaint made by the 3rd respondent, as illegal and arbitrary and consequently sought for a direction to respondents 1 and 2 to investigate into the matter by considering the attendance registers of petitioners 3 and 4 and also Vakalatnama filed by the 3rd respondent’s husband on 14.10.2008 in O.S.No.339 of 2008 on the file of the Additional Senior Civil Judge, Eluru, West Godavari District. Brief facts of the case are that the 3rd respondent herein filed a private complaint before the Judicial Magistrate of First Class, Tadepalligudem, alleging that her husband was kidnapped by the petitioners herein, and the same was referred to 2nd respondent, under Section 156 (3) of Cr.P.C., for investigation and report. The police registered it as Crime No.6 of 2009 of Pentapadu Police Station, West Godavari district under Sections 448, 323, 506-II, 468, 364 I.P.C. and read with Section 109 I.P.C. Apprehending arrest in connection with the said crime, the petitioners approached this Court and filed the present writ petition. Learned Assistant Government Pleader for Home submits that after registering a case in Crime No.6 of 2009, the police never made any attempt to arrest the petitioners and, in fact, during the course of investigation, it came to light that the allegations made by the 3rd respondent in the complaint are false and in this connection a letter dated 02.05.2009 was addressed to the Sub Divisional Police Officer, Kovvur Sub Division, Kovvur to accord permission to refer the case as false. In the light of the aforesaid submissions made by the learned Assistant Government Pleader for Home, this Court is of the view that this writ petition is wholly misconceived and is liable to be dismissed. The writ petition is accordingly dismissed. No order as to costs. _____________________________ (GOPALA KRISHNA TAMADA, J) 03-08-2009 Gsn.