IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 16268 of 2008 Between: G. Krishnaiah, S/o. Muniswamy, R/o. Mangalapally, H/o. Kasirala, Yadamarri Mandal, Chittoor District. ..... PETITIONER AND 1 The Station House Officer, Yadamarri Police Station, Yadamarri, Chittoor District. 2 The Superintendent of Police, Chittoor District, Chittoor. 3 P. Rajamma, W/o. Late Ramaswamy, R/o. Mangalapally, Kasirala Post, Yadamarri Mandal, Chittoor District. 4 T. Tulasi Ram, s/o. Late Ramaswamy, R/o. Mangalapally, Kasirala Post, Yadamarri Mandal, Chittoor District. 5 T. Dhananjaya, S/o. Late Ramaswamy, R/o. Mangalapally, Kasirala Post, Yadamarri Mandal, Chittoor District. 6 Chitti Babu, S/o. Late Ramaswamy, R/o. Mangalapally, Kasirala Post, Yadamarri Mandal, Chittoor 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 an appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus to declaring the inaction of the respondents 1 and 2 in not taking any action against the respondents 3 t 6 is arbitrary, unconstitutional and in violation of Article 14 of the Constitution of India and consequently direct the respondent 1 adn 2 to register the F.I.R. against the Respondents 3 to 6 and pass Counsel for the Petitioner:MRSRINIVASU BEERA Counsel for the Respondent No.: GP FOR HOME The Court made the following : ORDER: This writ petition is filed seeking a mandamus declaring the inaction on the part of respondents 1 and 2 in taking any action against the respondents 3 to 6 as arbitrary, violative of Article 14 of the Constitution of India, and consequently, to direct respondents 1 and 2 to register the FIR against the respondents 3 to 6. The case of the petitioner is that on 01-04-2008 at 8 AM one Neelaiah, working as village servant, along with the petitioner came to his house and instructed him to come along with him as he was directed by the Tahsildar to call the respondents 3 to 6. Accordingly, the petitioner and the said Neelaiah went to the residence of the said respondents 3 to 6. The same was informed to one Rajamma at her residence as such she questioned the petitioner “who are you to direct me to bring the records to the Tahsildar office”. At that time her sons viz., Chittibabu, Dhananjay Tulsiram were present. Immediately, they came to the petitioner with force and in a rash manner and threw the petitioner out from the place and beat him indiscriminately. According to the advise of Neelaiah, he left the place and informed the same to the Tahsildar and requested the Tahsildar to forward his report to the first respondent for necessary action. As a result, the same was forwarded to the A.R.I. Yadamarri for enquiry. Thereafter, the Tahsildar Mandamarri, vide his proceedings R.O.C.A/47/2008 dated 03-04-2008, forwarded the report to the first respondent to take action against respondents 3 to 6 as per law since the petitioner is a village level government servant, the same was acknowledged by the Station House Officer. In spite of several representations to the Station House Officer for taking action as per law by the Tahsildar, Yadamarri, the Station House Officer declined to take any action. Aggrieved by the same, the petitioner lodged a report on 09-04-2008 before the second respondent at Chittoor at his Sannihitham center which is meant for redressal of grievance of citizens. The same was endorsed as Sannihitham Code 124 H, however, the same went in vain, as such he made another representation to the District Collector, Chittoor. Thereafter, it was directed to register a criminal case against the said persons. Now the grievance of the petitioner is that no action is being taken by the respondents 1 and 2 in this regard. There is no necessity of going into all the details. Learned Government Pleader, on instructions, stated that the contents of the complaint of the Tahsildar dated 04-04-2008 appears to be non- cognizable in nature and immediately the respondent informed the same to the Tahsildar for non registration of the case against the persons named in the complaint. Similarly, on the complaint dated 09-04-2008 of the petitioner, it was also informed to him that it is a non-cognizable complaint and no action was taken. The gist of the complaint was that the persons named in the complaint aggressively objected the village Thalari/the petitioner and assaulted him brutally and caused inconvenience to the administration and created law and order problem in the village. In view of the fact that the police found that it was not a case to be taken cognizance, therefore, the complaint was not registered. Under those circumstances, the writ petition is devoid of merits and is liable to be dismissed. Accordingly, the Writ Petition is dismissed. However, this order will not preclude the petitioner from filing a private complaint and working out the remedies as available under law. No order as to costs. __________________ 18th November, 2008 SKM