IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 17754 of 2005 Between: C.Prasada Babu S/o.Rajanna R/o.D.No.7/82. Nesepet, Kanekal Ananthapur District. ..... PETITIONER AND 1 Bande Gowd S/o.Veeranna Gowd Major r/o.D.No.1/184, R/o. Kanekal, Ananthapur District. 2 The Station House Officer, Kanekal Police Station, Kanekal, Anantapur district. .....RESPONDENT(S) 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 action of the 2nd respondent in not initiating any steps as per law on my complaint dt.17.7.2005 as illegal, arbitrary and inviolation of Art.14 and 21 of the constitution of India and consequentially direct the respondent No.2 to take appropriate action as per law on the complaint of the petitioner dt.17.7.2005 and pass. Counsel for the Petitioner:MR.S.D.GOWD Counsel for the Respondent No.: GP FOR HOME The Court made the following : Form-NIC-OGS/WP{MPL} THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO.17754 OF 2005 ORDER: It is the case of the petitioner that he has filed a complaint dated 17-7-2005 before the Station House Officer, Kanekal Police Station, Anantapur District, but the second respondent has not taken any action for registration of the crime. It is stated that the complaint discloses the commission of the cognizable offence, therefore, there is no justification on the part of the second respondent in not registering the crime. A counter has been filed by the second respondent admitting about the complaint filed by the petitioner on 17-7- 2005 making certain allegations against the first respondent and others that they have destroyed the network wire of about 70 to 80 meters and they have also threatened with dire consequences and abused him in filthy language. On receipt of the said complaint, the police caused enquiry in the matter after entering the same in to the Reception Counter Book and the petitioner as well as the first respondent were called to the Police Station for the purpose of enquiry and the enquiries revealed that the allegations contained in the complaint are found incorrect and therefore, no case has been registered. If that be so, I am of the opinion that the only course open for the petitioner to file a private complaint if he is aggrieved with the action of the second respondent and he got effective alternate remedy to file a private complaint under Section 200 read with Section 190 of the Criminal Procedure Code. The writ petition is accordingly dismissed. No order as to costs. ________________ V.ESWARAIAH,J Date: 16-07-2008. Shr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Kanekal Police Station, Kanekal, Anantapur district. 2.2CCs to 3.2CD copies