IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.22091 of 2001 Between: 1 Itham Aand S/o Venkataramaiah Vallampahad Village, Karimnagar Mandal & Dist. 2 Itham Anjaiah S/o Venkataramaiah Vallampahad Village, Karimnagar Mandal & Dist. ..... PETITIONERS AND 1 The Superintendent of Police, Karimnagar. 2 The C.I. of Police, Choppadani, Karimnagar Dist. 3 The S.I. of Police, P.S.Gangadhara, Karimnagar Dist. 4 Sri Pulla Rao S/o not known S.I.of Police, P.S.Gangadhara, Karimnagar Dist. 5 Kompalli Mallaiah @ Yellaiah, S/o Yellaiah, Gattuboothkur Village, Gangadhara Mandal, Karimnagar Dist. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more in the nature of writ of mandamus directing the R1 herein to cause an enquiry with regard to harassment of the R3 who is made party by name as R4 against the petitioner & also take action against the officers concerned; b) directing the R3 herein who is made by name as R4 not to call the petitioner to P.S.Gangadhara & not to compel them to sit in P.S.Gangadhara & c) by duly declaring the action of the R3 who is made party as R4 harassing the petitioner at the instance of the R5 through the petitioners have not committed any offence & though they are no where connected with any travel agency & no where responsible for the amount collected by the travel agent from the R5 as illegal, arbitrary & violative of Art 14 & 21 of the Constitution of India. Counsel for the Petitioner:MR.V.RAVI KIRAN RAO Counsel for the Respondents: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.22091 of 2001 ORDER: It is the case of the petitioner that with regard to the alleged complaint said to have been made by the 5th respondent relating to refund of money collected by the petitioners for sending him to the abroad, without registering a case, the 3rd respondent is harassing the petitioners at the instance of the 5th respondent. A counter has been filed stating that on a complaint made by the 5th respondent on 14-10-2001, the same has been entered into the G.D. entry on the same day and called the petitioners to the police station in order to enquire into the matter to take necessary action. The enquiry revealed that there are some disputes between the petitioners and the 5th respondent with regard to payment of amount, which is purely civil in nature. In fact, the police have not registered any case against the petitioners. I am of the opinion that though the allegations made in the complaint constitute cognizable offence, it is for the 5th respondent to take appropriate action for filing private complaint before the Magistrate concerned. In view of the categorical denial that no case has been registered against the petitioners and the police never called the petitioners to the police station except on 14-10-2001, no orders are required to be passed in the writ petition. Accordingly, the writ petition is dismissed. There shall be no order as to costs. __________ 02-04-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VEENA}