IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 15877 of 2009 Between: Kollu Venkaiah S/o. Chandraiah R/o. Chilkuru Village & Mandal, Nalgonda District. ..... PETITIONER AND 1 The Director General of Police Government of A.P. Lakdikapool, Hyderabad. 2 The Superintendent of Police Nalgonda Nalgonda District. 3 Mr. Hari Kumar Nalgonda District. 4 Mr. Srinivasa Rao Chilkur Police Station, Nalgonda 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 issue Writ Order or Direction more particualrly one in the nature of WRIT OF MANDAMUS, declaring the inaction on the part of the respondent Nos. 1 & 2 herein in not taking any action against the Respondent Nos. 3 and 4 who have been resorting to involve in the civil disputes and implicate the petitioner and his family members in false criminal cases inspite of the complaint dt. 25-4-2009 and 27-7-2009, as illegal, arbitrary, and unconstitutional and consequently direct the Respondent Nos. 1 & 2 herein to forthwith enquire into the matter and to register a criminal case against the Respondent Nos. 3 & 4 and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.PALLENAGESWAR RAO Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 15877 of 2009 ORDER: 1 The petitioner approached this court and filed the present Writ Petition with the following prayer: For the reasons stated in the accompanying affidavit, this Hon'ble Court may be pleased to issue Writ Order or Direction more particualrly one in the nature of WRIT OF MANDAMUS, declaring the inaction on the part of the respondent Nos. 1 & 2 herein in not taking any action against the Respondent Nos. 3 and 4 who have been resorting to involve in the civil disputes and implicate the petitioner and his family members in false criminal cases inspite of the complaint dt. 25-4-2009 and 27-7- 2009, as illegal, arbitrary, and unconstitutional and consequently direct the Respondent Nos. 1 & 2 herein to forthwith enquire into the matter and to register a criminal case against the Respondent Nos. 3 & 4 and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case. 2 May be it is true that the petitioner gave complaints against the unofficial respondents on 25.4.2009 and 27.7.2009, but, however, this court cannot direct the Station House Officer concerned to register crime pursuant to the said complaints. If there is inaction on the part of the Station House Officer, the matter can as well be reported to the Superintendent of Police and even if the Superintendent of Police does not act pursuant to the representation or complaint given by the petitioner, the petitioner can approach the competent Criminal Court and file a private complaint as provided for and the Criminal Court, after examining the petitioner, may take cognizance of the offence or refer the matter to the police as provided for under section 156(3) of Cr.P.C. 3 So far as the harassment meted out by the petitioner is concerned, the respondents are hereby directed not to harass the petitioner unnecessarily and if it is required to investigate into the matter pursuant to the report furnished by the Superintendent of police, the Station House Officer may investigate into the same, but, the same shall be strictly in accordance with law. 3 The Writ Petition is accordingly allowed. No order as to costs. -------------------- 26.08.2009 kvsn