IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 20484 of 2002 BETWEEN: Tatikayila Veeranna, S/o. Dharma Rao, Tadepallegudem, West Godavari District. ... PETITIONER AND 1 The Superintendent of Police, Eluru, W.G.District. 2 Station House Officer, Tadepallegudem Town Police Station, W.G.District. 3 Station House Officer, Eluru (Rural) Police Station, W.G.District. 4 Station House Officer, Beemadolu Police Station, W.G.District. 5 Station House Officer, Dwaraka Tirumala Police Station, W.G.District. 6 Vadlapudi Ramakrishna Rao, S/o. Vaikuntam, Perugugudem, Denduluru Mandal, W.G.District. 7 Kancherla Venkateswara Rao, S/o. Koteswara Rao, Anjaneya Nagar, Beemadolu Mandal, W.G.District. 8 Balusu Venkata Sathyanarayana Murthy, S/o. Narayana Murthy, Nidadavolu, W.G.District. 9 Polaki Paremeswara Rao, S/o. Appa Rao, D.No. 3-205, Near Old Post Officer, Bommuru, Kadiyam Mandal, W.G.District. 10 Uppalapati Sathyavathi, W/o. Gopal Rao, Mettapangidigudem, Dwaraka Tirumala Mandal, W.G.District. 11 Katari Sreenu @ Srinivasa Rao, S/o. Vemulu, Near Sai Baba Temple, Madepalli Village, W.G.District. 12 Botcha Durga Rao, S/o. Late Suryanarayana, Turpu Kapur, Cofee Hotel, Beemadolu Junction, W.G.District. 13 Pothana Durga Rao, S/o. Veera Brahmam, Saiampalem, Dwaraka Tirumala Mandal, W.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 issue a writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent 1 to 5 in registering the false cases against and not registering the cases against the respondents 6 and 13 though they have committed cognizable offence as per the complaints given by themselves as arbitrary, illegal and unconstitutional and consequently direct the respondents to register the crime against the Respondents 6 and 13 also and proceed with the investigation of the crime along with the petitioner and to pass such order or orders. Counsel for the Petitioner: MR.RAMA RAO GHANTA Counsel for the Respondents 1 to 5: GP FOR HOME The Court made the following: ORDER: Petitioner seeks a Writ of Mandamus to declare the action of the respondents 1 to 5 in registering a case against him and in not registering the cases against respondents 6 to 13 as illegal and arbitrary. 2. None appears for the petitioner. 3. Counter has been filed stating that the respondents 6 to 12 have not committed any offence under Section 489 of the Indian Penal code, as such no cases have been registered against them. Insofar as the petitioner is concerned, it is stated that though the case was registered against him under Section 489 IPC apart from other provisions of law, the investigation revealed that there is no case under Section 489 IPC, as such section 489 IPC was deleted at the time of filing charge sheet but the case was charged under section 420 IPC. Only for the involvement of the petitioner, the case has been registered against him and there is no case against the respondents 6 to 12 in the said case and they are the victims in the hands of the petitioner, who played fraud and induced them. 4. In view of the aforesaid facts and circumstances of the case and as the charge sheet also has been filed, I am of the opinion that the petitioner is not entitled for any relief in this writ petition. The writ petition is accordingly dismissed. There shall be no order as to costs. ______________ V. ESWARAIAH, J April 2, 2008 DSK