IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JUNE, TWO THOUSAND TEN PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.11896 of 2010 Between: Dr. Bathina Kama Raju … Petitioner And The Station House Officer, Kukatpally Police Station, Kukatpally, Ranga Reddy District & others. … Respondents Counsel for the petitioner: Sri M.V. Mani Sekhar for Sri M.V. Raja Raam Counsel for respondents 1&2: AGP for Home This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.11896 of 2010 ORDER:- This writ petition is filed for a Mandamus to declare the inaction of respondent Nos.1 and 2 in registering a case against the agents of respondent No.3 and providing protection to the petitioner and his family members from preventing commission of extortion by respondent No.3, as illegal and arbitrary. I have heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home for respondent No.1 and 2. The petitioner is running a hospital in the name and style of BKR Super Specialty Hospital at Yerragadda, Hyderabad. For the purpose of purchasing the equipment, the petitioner borrowed an amount of Rs.23 lakhs from respondent No.3. The petitioner claimed that a sum of Rs.15 lakhs was paid by him towards the margin money for the purpose of obtaining the said loan amount and according to him, only a sum of Rs.8 lakhs is outstanding to respondent No.3. As the petitioner failed to pay the debt, he closed the hospital and filed I.P.No.14 of 2009 in the Court of the Additional Chief Judge, City Small Causes Court, City Civil Court, Hyderabad, wherein a receiver was appointed by the said Court, that the said receiver has taken possession of the movable and immovable assets pertaining to the petitioner and the hospital and that the properties are under the Court attachment. The petitioner stated that I.P.No.14 of 2009 was dismissed for non-prosecution by order dated 13.04.2010 and that the application for restoration of the said I.P. is pending, that on 19.05.2010, some anti-social elements numbering four, armed with deadly weapons like sticks, knives and axes, have forcibly entered into his house, tried to take away his house holds and threatened him to do away with his life, if he does not pay the due amount on or before 23.05.2010. The petitioner further stated that when he tried to give a report to respondent No.1, he did not receive the same and that though a copy of the report was given to respondent No.2 on 22.05.2010, no action has been taken thereon. At the hearing, the learned Assistant Government Pleader for Home submitted that respondent No.1 has not received any report from the petitioner and so far she has not received instructions from respondent No.2 on the action taken by him. Under Section 154 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) every information relating to the commission of a cognizable offence shall be reduced to writing, signed by the person giving it and the substance thereof shall be entered into a book to be kept by the officer in-charge of the police station and any person aggrieved by refusal on the part of the officer to record the information, may send the substance of such information in writing and by post to the Superintendent of Police concerned. If the Superintendent of Police is satisfied that such information discloses commission of a cognizable offence, he shall either investigate the case himself or direct the investigation to be made by any police officer subordinate to him in the manner provided by the Code. A copy of the report given by the petitioner bears seal of respondent No.2 dated 22.05.2010. This, prima facie, shows that respondent No.2 received the copy of the report. Therefore, under Section 154 (2) Cr.P.C., it is incumbent upon him to act in accordance therewith. Respondent No.2 is therefore directed to take appropriate action and communicate the same to the petitioner within a period of two weeks from the date of receipt of a copy of this order. If a case is not registered, the petitioner shall be free to file a private complaint under Section 190 read with Section 200 Cr.P.C. before the jurisdictional Magistrate. Subject to the above directions, the writ petition is disposed of. As a sequel to disposal of the writ petition, WPMP.No.15010 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. _____________________________ C.V. NAGARJUNA REDDY, J Date: 07.06.2010 ES