IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 2733 of 2008 Between: Busi Narsimha Rao S/o Laxmaiah R/o Yerugatla, Penuballi Mandal, Khammam District. ..... PETITIONER AND 1 The Superintendent of Police, Khammam, Khammam District. 2 The Station House Officer, V.M.Banjar Police Station, Penuballi Mandal, Khammam District 3 Shaik Mastan S/o Basheer, Yerugatla Villge, Penuballi Mandal, Khammam District. 4 Shaik Karimullah S/o Suleman Sarpanch, Yerugatla Gram panchayat 5 Shaik basha S/o Yakoob, (3 to 5 are all r/o Ramachandrapuram, Penuballi Mandal, Khammam District) .....RESPONDENTS Counsel for the Petitioner:MR.S.APPADHARA REDDY Counsel for Respondent Nos.1 & 2: AGP FOR HOME The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to declare the action of respondent Nos.1 and 2 in not conducting the investigation and apprehending respondent Nos.3 to 5 in connection with Crime No.150 of 2007 on the file of respondent No.2 and in not submitting a report to the Court as required under Section 173 Cr.P.C., as illegal and arbitrary. Heard Sri S.Appadhara Reddy, learned counsel for the petitioner and the learned Assistant Government Pleader for Home. The petitioner claimed that his daughter Madhavi is studying in Class X in Z.P. High School, Lankapalli; that respondent Nos.3 to 5 obstructed the petitioner’s daughter when she was going on bicycle from her Village Yerugatla to Lankapalli to prosecute her studies near Guravaigudem on 19.11.2007 with a mala fide intention to manhandle her; that respondent No.3 started teasing his daughter and respondent No.4 took photographs with his cell phone and that when his daughter cried for help, one Muvva Ranjith working in the nearby fields came to her rescue. The petitioner further alleged that the respondents fled away by threatening his daughter that if she reveals the incident to anybody, they will publish the photographs in the papers; that again on 20.12.2007 and 26.12.2007, the said miscreants made an attempt to caught hold of petitioner’s daughter, on which, the petitioner sent his complaint to respondent No.1 through registered post on 27.12.2007. The petitioner further alleged that respondent No.4 is a Sarpanch of Yerugatla Village and the President of Jalagam Yuva Sena for Penuballi Mandal and that respondent Nos.3 to 5 influenced respondent Nos.1 and 2 to see that proper enquiry is not conducted and accused are not apprehended. The petitioner also alleged that the local MLA is pressuring the officials to weaken the case and the official respondents are in turn pressuring him to withdraw the complaint. Respondent No.2 filed counter affidavit, in which, it is admitted that on the complaint given by the petitioner, the Head Constable registered Crime No.150 of 2007 on 26.12.2007; that he took up investigation and examined as many as 10 witnesses and recorded the statements and that the investigation is still pending. He further submitted that the investigation so far done revealed that Kumari Busi Madhavi, daughter of the petitioner, and Kumari Nethula Shivavani, are the students, studying at ZPHS, Lankapalli and residents of Eragatla Village, who used to go to school and return to their houses everyday on their bicycles; that A.1, who is respondent No.3 herein, is a clerk working under the control of A.2, Sarpanch of Erugatla, who is respondent No.4 and resident of Ramachandrapuram Village; that Nethula Venkateswara Rao is the strong follower of TDP and there are previous political grudges in between Nethula Venkateswara Rao and accused No.2, who is the Sarpanch of Erugatla Village and belonging to the Congress party. It is further submitted that L.Ws.4 and 6 were involved in SC/ST case and because of the political grudges between L.W.4 and A.2, the latter filed the false report alleging harassment of the above-mentioned Madhavi. It is further submitted that necessary final report/charge sheet will be filed before the jurisdictional Magistrate after obtaining permission from the higher authorities. Under Section 173 of the Code of Criminal Procedure, 1973 (for short ‘the Code’), every investigation under Chapter XII shall be completed without unnecessary delay and as soon as the same is completed, the officer-in-charge of the same shall forward the same to the Magistrate to take cognizance of the offence on a police report in the form prescribed by the State Government stating the details mentioned in sub-section (2). In the event the police filed a report referring the complaint as false, it shall then be open to the aggrieved party to file a complaint under Section 190 read with Section 200 of the Code and the jurisdictional Magistrate is empowered to proceed under Chapter XIV to XV of the Code. Since the petitioner has got an efficacious remedy under the provisions of the Code, this Court is not inclined to go into merits or otherwise of the contentions raised by the petitioner in this writ petition. Respondents 1 and 2 are directed to file a report before the jurisdictional Magistrate without any delay and preferably within a period of two weeks from today and on such report being filed, liberty is given to the petitioner to avail his remedies under the Code. Subject to the above observations, the writ petition is disposed of. As a sequel to disposal of main petition, WPMP.No.3521 of 2008 filed by the petitioner for interim relief is disposed of as infructuous. C.V. NAGARJUNA REDDY, J 7th MARCH, 2008 kvni