IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 8061 of 2008 Between: 1 Somu Samidi Reddy S/o. Samidi Reddy R/o. Buchireddypalem ( Post and Mandal ), Nellore District, A.P. 2 Smt. Somu Seshamma W/o. Samidi Reddy R/o. Buchireddypalem ( Post and Mandal ), Nellore District., A.P., ..... PETITIONERS AND 1 The Station House Officer, Dagadarthy, P.S. Dagadarthy, Nellore District., A.P. 2 Posimireddy Sitarami Reddy S/o. Kodanda Ramireddy R/o. Buchireddypalem ( Post & Mandal ), Nellore District, A.P. 3 Tatiparti Hazarathaiah S/o. Tirupalaiah R/o. Tiruveedipadu (V), Dagadarthy Mandal, Nellore District, A.P. 4 Bezawada Obulu Reddy s/o. Ramachandra Reddy R/o. Buchireddypalem ( Post & Mandal ), Nellore District, A.P. .....RESPONDENTS Counsel for the Petitioners: MR.NUTHALAPATI KRISHNA MURTHY Counsel for Respondent No.1: GP FOR HOME Counsel for Respondent Nos.2 to 4: --- The Court made the following : Order: This Writ Petition is filed for a writ of Mandamus to declare the inaction on the part of respondent No.1, in registering crime on the petitioners’ complaint dated 10- 10-2007, as unjust, arbitrary and illegal. Heard Sri N.Krishna Murthy, learned Counsel for the petitioners, learned Assistant Government Pleader for Home for respondent No.1 and perused the record. The petitioners alleged that on 09-10-2007, respondent Nos.2 and 3 along with twenty other persons, at the instigation of respondent No.4, broke their shed housing two motors of 10 Hp and 7 ½ Hp and took them away in a tractor. The grievance of the petitioners is that though they gave complaint dated 10-10-2007 to respondent No.1, he has not taken any action so far. The learned Assistant Government Pleader for Home, on instructions, stated that the purported complaint dated 10-10-2007, filed by the petitioners, was not received by him and that no action could be taken. The learned Counsel for the petitioners, while disputing the said claim of respondent No.1, stated that despite the petitioners’ request, respondent No.1 has not given acknowledgment for receipt of complaint. The learned Counsel invited my attention to a press report dated 11-10-2007 published in Andhra Jyothi daily of Nellore edition, wherein it is stated that two motors of 10 Hp and 8 Hp along with two starters and electrical wire, belonging to the petitioners, were stolen, and that the petitioners gave the complaint. This press report prima facie reveals that respondent No.1 has the knowledge of the alleged theft of the motors. Being a public servant, entrusted with the duty of registering the complaints of the victims, the conduct of respondent No.1, in flatly denying the receipt of petitioners’ complaint, deserves to be deprecated. Having lost two motors, I do not see any reason, whatsoever, for the petitioners to keep silent without approaching respondent No.1, and then file this Writ Petition in the High Court. I am, therefore, not inclined to believe the version of respondent No.1 that a complaint was not received from the petitioners. At any rate, being the Officer incharge of the Police Station, respondent No.1 is expected to keenly follow the news reports pertaining to thefts and law and order etc., within his jurisdiction. He is also expected to have knowledge of the publication of the above news item. Even in the absence of any such complaint by the petitioners, it is the duty of respondent No.1 to have suo motu registered the complaint under Section 154(1) of the Code of Criminal Procedure, 1973, and started investigation. The conduct of respondent No.1 shows abdication of his functions as a Police Officer. In this view of the matter, the Writ Petition is allowed. Respondent No.1 is directed to register a case and commence investigation forthwith. A copy of this order be communicated to the Superintendent of Police, Nellore District, for initiating appropriate action on administrative side against respondent No.1. ____________________ (C.V.NAGARJUNA REDDY, J) 29th April, 2008 LUR