IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12144 of 2005 Between: Ake Suryanarayana, s/o. R.L.Subba Rao, R/o. Venkatakrishnara Yapuram, SamarlakotaMandal, E.G.District. ..... PETITIONER AND 1 The Superintendent of Police , Kakinada, East Godavari, 2 The District Collector, Kakinada, East Godavari, 3 The Station House Officer, Indrapalem Police Station, Indrapalem, Kakinada Rural Mandal, E.G.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 to issue a writ, order or direction more particularly one in the nature of writ of Mandamus or any other appropriate writ, declaring the (1) the action of the respondents in not taking proper steps on the complaint dt.27.4.2004 and (2) declaring registration of a criminal case in crime No.52/2004 of III Town Police Station (Land and Order) Kakinada, E.G.district (3) declaring the action of the 3rd respondent in encouraging the neighbours of the petitioner to distrub the peaceful life of the petitioner as illegal, arbitrary and inviolation of Article 14 and 21 of the Constitution of India and consequentially direct the respondents- police totake steps to protect the petitioner life, liberty and reputation to with drawing the criminal case registered in Crime No.52/2004of the III Town Police Station (Land and order Kakinada, E.G.District, and pass such other or further or as this HOn'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.P.VINAYAKA SWAMY Counsel for the Respondent No.: GP FOR HOME The Court made the following: Form-NIC-OGS/WP{NS} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12144 of 2005 O R D E R: Heard both sides. It is the case of the petitioner that he gave a complaint on 27.04.2004, alleging that one Marni Prabhakara Rao, Sarpanch, Marni Narayana Murthy, Challa Venkateswara Rao and Challa Apparao who are strong supporters of Boddu Bhaskara Ramarao, Ex.MLA, Telugu Desam Party attacked him for having canvassed in the elections against Telugu Desam Party, threatened him with dire consequences and snatched away 3 sovereigns of gold chain, 2½ sovereigns of gold hand chain, cash of Rs.15,000/- from his pocket and also Hero Majestic Motor Cycle bearing No.AHP-4684 and beat him with hands and kicked him with legs, and threatened him proclaiming that they would see how he live in the village. It is the case of the petitioner that no action has been taken against the said report, and therefore, out of frustration, he has consumed pesticides, and without registering a case on his complaint, a case was registered against him only for attempting to commit suicide in Cr.No.52/2004 for the offence under Sec.309 of IPC on the file of the III Town Police Station (Law and Order), Kakinada, East Godavari District. Accordingly, the petitioner seeks to issue a Writ of Mandamus, declaring the registration of the said case in Cr.No.52/2004, as illegal and arbitrary and to take appropriate action on his complaint. A counter has been filed, stating that upon instructions of the 1st respondent-the Superintendent of Police, Kakinada on the complaint of the petitioner dated 27.04.2004, the 3rd respondent-Sub-Inspector of Police, Indrapalem visited V.K.Rayapuram and Boinapadu villages and conducted a detailed enquiry. It is stated that in the enquiry, it is revealed that the petitioner himself intentionally left his Hero Majestic Motor Cycle bearing No.AHP-4684 at Panchayat Office with an intention to involve the aforesaid persons in a criminal case, quarreled with them and went away. It is stated that the petitioner himself gave a written report on 20.06.2004 to the Station House Officer, Indrapalem stating that the matter was settled before the elders and that he received back his motor cycle and cash and gold articles which were not stolen and requested the Station House Officer not to proceed further. It is further stated that when the petitioner consumed pesticide poison in the premises of Collectorate on 12.07.2004, a case has been registered against him. The learned counsel for the petitioner submits that the police in connivance with the aforesaid persons who are the henchmen of Telugu Desam Party leaders, obtained such a report dated 20.06.2004, as if the petitioner has settled the matter before the elders, and if that be so, the petitioner should not have consumed the pesticides on 12.07.2004, and the petitioner has not voluntarily given the alleged report and the alleged persons might have forcibly taken the signatures of the petitioner on the alleged settlement report, as they are of the strong followers of the leaders of the then ruling party. Having regard to the facts of the case, I am of the opinion that there cannot be any justification on the part of the police in not registering the crime and investigating the same based on the report of the petitioner dated 27.04.2004. The police ought to have registered a case as the complaint discloses the cognizable offence. However, it is for the petitioner to file a private complaint before the concerned Magistrate for taking action, as prima facie action of the police appears to be arbitrary and unreasonable. Having regard to the facts and circumstances of the case, the Writ Petition is disposed of, permitting the petitioner to file a private complaint before the concerned Magistrate for non-registering the case pursuant to his complaint dated 27.04.2004 and for taking appropriate action against the concerned persons and the police. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 24.04.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Superintendent of Police , Kakinada, East Godavari, 2 The District Collector, Kakinada, East Godavari, 3 The Station House Officer, Indrapalem Police Station, Indrapalem, Kakinada Rural Mandal, E.G.District. 4.2CCs to 5.2CD copies