IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5249 of 2009 Between: 1 Shaik Javeed S/o. Masthan Saheb @ Katan Masthan R/o. Beside New Town School Zanda Street, Nellore, Nellore District. 2 Syed Shakeer S/o. Shahidullah R/o. Gatchukalavan, Near Park Pedda Bazar, Nellore, Nellore District. ..... PETITIONERS AND 1 The Circle Inspector of Police Nellore Nellore District. 2 The Superintendent of Police Nellore Nellore District. 3 The Director General of Police Lakdikapool, Hyderabad. .....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 a writ order, direction, more particularly one in the nature of Writ of Mandamus or other appropriate writ or direction to the respondent 2 & 3 to consider the representations filed by the Petitioner pleased to consider petitioners request, and be pleased to give direction to the S.P., Now Respondent No.2, 1 Town Police Station, Nellore, Nellore Dist. Now Respondent No.1 not to open Rowdy sheets against Petitioners in the interest of the justice. Counsel for the Petitioners: MR.V.SARAVANA KUMAR Counsel for the Respondents: GP FOR HOME The Court made the following ORDER: THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No.5249 of 2009 Order: On 24.03.2009, when the matter was taken up for consideration, none appeared for the petitioners and therefore, the matter was directed to be listed today. Even today, none appears for the petitioners. The petitioners state that on a complaint given by one Masthan and others, a case in Crime No.197 of 2008 was registered by the Station House Officer, I Town Police Station (L&O), Nellore against them and some others, though their names are not mentioned anywhere in the complaint or FIR. The petitioners state that the first respondent is threatening them to open rowdy sheets against 11 persons, including the petitioners. Therefore, they approached the second respondent, in vain. Hence, the present writ petition seeking appropriate directions. A counter affidavit is filed by the first respondent stating that on a complaint given by one Shaik Masthan, a case in Crime No.197 of 2008 initially under Section 307 r/w 34 IPC was registered against the petitioners and others on the file of I Town Police (L&O) Police Station, Nellore on 11.01.2008 and on receipt of death intimation, section of law was altered to Section 302, 307 r/w 34 IPC and the accused were arrested and later remanded to juridical custody on 17.11.2008. It is also stated that investigation is completed and charge sheet would be filed at the earliest, after receipt of FSL report. It is further stated that though the names of the petitioners were not mentioned in the FIR, during the course of investigation, their names have come out and hence, they were added as accused in the said crime. It is categorically stated that except registration of the said crime, the first respondent has never harassed nor threatened the petitioners to open rowdy sheets against them. In view of the specific stand taken by the respondents in their counter affidavit, no further adjudication is necessary in this writ petition. Accordingly, the writ petition is closed. ___________________ N.V. RAMANA, J. Date: 31.03.2009 VGB