IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 632 of 2009 Between: 1.Smt.Tammineedi Sitha Naga Lakshmi W/o.Prattipati Venkata Ratnam @ Gandhi Vivekananda Aided Hindu Elementary Committee School Pothavaram ,Nallajerla, Mandal, W.G.district 2.Prattipati Venkatya Ratnam @ Gandhi Master S/o.Venkata Rao Vivekananda Aided Hindu Elementary Committee School Pothavaram ,Nallajerla, Mandal, W.G.district ..... PETITIONERS AND 1 The Superintendent of Police,West Godavari District Eluru 2 The Deputy Superintendent of Police, Kovvur West Godavari District 3 The Inspector of Police, Tadepalligudem circle Tadepalligudem, W.G.District 4 The Sub-Inspector of Police, Ananthapalli Police Staton Ananthapalli, W.G.District 5 Dondapati Venkateswara Rao S/o.Nageswara Rao R/o.Kothapeta Pothavaram, West Godavari District 6 Government of Andhra Pradesh, rep.by its Principal Secretary, Home Department, Secretariat, HYDERABAD .....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 an appropriate writ order or direction more particularly one in the nature of writ of mandamus , declaring the action of the respondent Nos.1 to 4 in harassing and trying to arrest the petitioners basing on the frivolous and vexatious report lodged by the 5th respondent before the 4th respondent in Cr.No.174/2008 of Ananthapalli P.S.U/sec.174 Cr.P.C.as illegal, arbitrary, and opposed to the rudimentary norms of Criminal Law and violative of Article 21 of the Constitution of India and consequently direct the 6th respondent herein to entrust the investigation to CID. Counsel for the Petitioners: MR.G.RONALD RAJU Counsel for the Respondent Nos.1 to 4 & 6: GP FOR HOME The Court made the following ORDER: THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No.632 of 2009 Order: The main grievance of the petitioners in this writ petition is that respondents 1 to 4, at the instance of the fifth respondent, registered a false case in Crime No.178 of 2008 under Section 174 Cr.P.C., against them and trying to arrest them. It is also their case that they also made a representation to the police authorities concerned requesting them to entrust the matter to CID to unravel the truth, in vain. Hence, the present writ petition. Heard the learned counsel for the petitioners and the learned Government Pleader for Home appearing for respondents 1 to 4 and 6. Though the petitioners contend that at the instance of the fifth respondent, a false case is registered against them by respondents 1 to 4 and made a representation to the Director General of Police, who is not a party to the writ petition, and submitted copies of the said representation to the sixth respondent on 09.01.2009, seeking enquiry into the crime by CBCID, it is too premature to say that the respondents will not act on the said representation of the petitioners. Already, the police have registered a case and the representation of the petitioners is pending before the respondents, which will be considered. Hence, I am not inclined to interfere with the matter or give any direction to the respondents, at this stage. The respondents are at liberty to consider the representation of the petitioners for CID enquiry into the crime. The petitioners can avail the remedies available to them under Code of Criminal Procedure, if they are arrested. With the above observations, the writ petition is dismissed, at the admission stage. No costs. ___________________ N.V. RAMANA, J. Date: 22.01.2009 VGB