THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.13699 OF 2005 DATED 22-09-2005. Between: Y.Maddulety …. Petitioner And The Superintendent of Police, Kurnool District and 5 others …. Respondents THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.13699 OF 2005. ORDER: This writ petition is filed seeking a mandamus to declare the action of respondents in not arresting the respondents 4 to 6 in Cr.No.43 of 2005 of Orvakal Police Station, Kurnool District, as illegal and arbitrary. It is the case of the petitioner that despite the fact that a crime has been registered against the respondents 4 to 6 under Sections 323, 324 read with 34 IPC and Section 3(i) (x) of Scheduled Castes and Scheduled Tribes Act, respondents 1 to 3 have not taken any steps to arrest them. The 3rd respondent has filed a counter-affidavit. While admitting that the petitioner lodged a complaint with him on 30-04-2005, he stated that the second respondent, who is the competent authority, investigated into the veracity of the complaint and submitted a report stating that the complaint is false. It is further stated that steps are being taken for filing a final report, as contemplated under Section 173 Cr.PC. In view of the explanation made by the 3rd respondent in the counter- affidavit, it cannot be said that the respondents have not taken any steps on the complaint lodged by the petitioner. Merely because, respondents 4 to 6 are not apprehended, the petitioner cannot approach this Court. It is for the respondents 1 to 3 to investigate on the complaint and take steps accordingly. In that view of the matter, I do not find any merits in the writ petition and is accordingly dismissed. No costs. ______________________ R.SUBHASH REDDY,J DATED:22-09-2005. Lrkm