IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 6567 of 2009 Between: Shaik Begum, W/o. Dada, R/o. Redla Bazar, Sangadiguntya, Guntur, Guntur District. ..... PETITIONER AND 1 The Deputy Inspector General of Police, Guntur, Guntur District. 2 The Superintendent of Police, Guntur, Guntur District. 3 The Superintendent of Police, Prakasam District at Ongole. 4 The Sub-Inspector of Police, Chirala, Prakasam District. 5 The Sub-Inspector of Police, Lalapet P.S., Guntur, Guntur 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 of Mandamus declaring the action of the respondents in not taking against the complaint lodged by the petitioner for the offence of rape against Muvvala Sambasiva Rao, Principal, Polytechnical Chirala and not registering FIR is illegal, arbitrary and unconstitutional and consequently direct the respondent to register FIR and investigate into the matter. Counsel for the Petitioner: MR.N.RAVI PRASAD Counsel for the Respondents: GP FOR HOME The Court made the following ORDER: THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No.6567 of 2009 Order: Heard the learned counsel for the petitioner and the learned Government Pleader for Home appearing for the respondents. The petitioner states that when she went to Pratap Polytechnic College at Chirala, where her son was studying, to enquire about the fee to be paid by her son, the Principal of the said College, by name, Muvvala Sambasiva Rao, who is the accused, asked her to come to hostel. Accordingly, she went to the hostel and had some discussions in regard to the fee. There, she was forced to have milk and after consuming the milk, she became unconscious and she was raped by the accused. It is stated that the accused had taken her photographs and is blackmailing her. Even thereafter, since he is not returning the photographs and is sexually abusing her at different places, she informed the same to her husband and children, and approached the second respondent and gave a complaint. The second respondent entrusted the matter to the fifth respondent for investigation. The grievance of the petitioner is that so far the fifth respondent has not registered any case against the accused, and on the other hand, the accused is threatening her with dire consequences and threatening to publish the photographs in the newspapers. Hence, the present writ petition seeking appropriate directions. When the matter came up for consideration yesterday, the learned Government Pleader for Home appearing for the respondents sought time to get instructions. Today, when the matter is taken up, the learned Government Pleader produced a copy of the letter addressed by the Sub-Inspector of Police, Lalapet L & O Police Station, Guntur, the fifth respondent herein, to the Superintendent of Police, Guntur, the second respondent, wherein it is stated that after considering the complaint lodged by the petitioner, it is seen that the offence took place at Pratap Polytechnic College, Chirala, Prakasam District and therefore, the petitioner may be directed to file a complaint before the Sub- Inspector of Police, Chirala having jurisdiction. At this stage, the learned counsel for the petitioner submitted that the petitioner would make a complaint to the Sub-Inspector of Police, Chirala and the same may be directed to be considered. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the petitioner to lodge a proper complaint before the Sub-Inspector of Police, Chirala, Prakasam District, the fourth respondent herein, and on such complaint being lodged, the fourth respondent is directed to take necessary action thereon, expeditiously. No costs. ___________________ N.V. RAMANA, J. Date: 31.03.2009 Note: Issue CC in two days. (b/o) VGB