IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.23130 of 2004 Between: 1 Sama Veeresam S/o Buchaiah R/o H, NO. 3-10-73/3, Vivekanandha Nagar Nyalkal Road, Nizamabad District 2 Sama Susila W/o Sama Veeraesam R/o H, NO. 3-10-73/3, Vivekanandha Nagar Nyalkal Road, Nizamabad District ..... PETITIONERS AND 1 Smt. Chandrakala W/o Sama Naveen Kumar R/o H, NO. 3-10-73/3, Vivekanandha Nagar, Naylkal road Nizamabad District 2 Yamsani Naveen Kumar S/o Dayanandham R/o H, NO. 3-10-73/3, Vivekanandha Nagar, Naylkal road Nizamabad District 3 The Station House Officer, IV Town, Nizmabad, Nizamabad 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 order or direction, Writ or Writs more particulalry in the natureof Writ of mandamus declaring the Crime No. 197 of 2004 registered under section 498-A, R/w.34 of IPC., on the file of the 3rd respondent as illegal, arbitrary malafide, unlawfull and bad in law and against the principles of the natural justice and consequently quash the same in the interest of justice and to pass such other order or orders Counsel for the Petitioner: MRCH.JANARDHAN REDDY Counsel for the Respondent No.: GP FOR HOME The Court made the following: Form-NIC-OGS/WP{TRT} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.23130 of 2004 O R D E R: The petitioner questions the action of the respondents in registering a case in Cr.No.197/2004 under Sec.498-A r/w.Sec.34 of IPC on the file of the IV Town Police Station, Nizamabad. It is stated that on a private complaint filed against the petitioners on the file of the Additional Judicial First Class Magistrate, Nizamabad, the same was referred to the 3rd respondent-the Station House Officer, IV Town Police Station, Nizamabad for investigation and report under Sec.156(3) of Cr.P.C. and basing on the said referred complaint, a case in Cr.No.197/2004 was registered. Once the criminal motion is set in and the investigation is directed to be conducted, there is no option for the police officials in refusing to register a case and investigate into the same, and it cannot be said that registration of the case by the police is illegal and arbitrary. It is for the petitioner to make his grievance and question the final report or charge sheet, as may be, before the concerned Court. I do not see any merit in the present writ petition. The Writ Petition is, accordingly, dismissed. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 30.04.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Station House Officer, IV Town, Nizmabad, Nizamabad District 2.2CCs to 3.2CD copies