IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 6785 of 2009 Between: Tommandru Gopi, S/o. Apparao, Municipal Colony, Amalapuram, East Godavari District, Andhra Pradesh. ..... PETITIONER AND 1 The State, Rep. by Principal Secretary, Home Department, Government of Andhra Pradesh, Hyderabad. 2 The Deputy Superintendent of Police, Amalapuram Division, Amalapuram, East Godavari District, Andhra Pradesh. .....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 the Writ of Mandamus or any other appropriate Writ, order or direction declaring the inaction of the 2nd respondent to investigate the crime No. 211 of 2008 registered under section 3(1) (x) of S.C.S.T. (POA) Act, 2989 and not taking any action against the accused commissioner Municipal Corporation, Amalapuram as illegal, arbitrary and unconstitutional. Counsel for the Petitioner: MR.B.VENKATARATNAM Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR. JUSTICE R.SUBHASH REDDY Writ Petition No.6785 of 2009 ORDER: In this Writ Petition the petitioner seeks directions by way of Writ of Mandamus to the second respondent – Deputy Superintendent of Police, Amalapuram Division, Amalapuram, to investigate the crime No.211 of 2008 pending on the file of the Amalapuram Police Station. 2. It is the case of the petitioner that he has executed certain contracts in Amalapuram Municipality and when he visited the Municipal Office on 24-11-2008, the Commissioner, Amalapuram Municipality, scolded him and insulted by mentioning his caste in the presence of the public. Though he has made a complaint on 24-11-2008 to the Station House Officer, Amalapuram Police Station and the crime was registered, the same has not been investigated. 3. In such an eventuality, there are sufficient safeguards in the Code of the Criminal Procedure, 1973. If the investigation is not proceeded with, the petitioner as well approach the Magistrate concerned seeking appropriate directions. On the said ground, he cannot seek direction by way of Writ of mandamus without approaching the Magistrate concerned seeking directions to expedite the investigation. Further, though it is stated that he has filed complaint against the Commissioner, Amalapuram Municipality, he has not even made the Commissioner as party respondent in the Writ Petition. 4. For the aforesaid reasons, the Writ Petition is devoid of merit and accordingly the same is dismissed. No order as to costs. ___________________ R.SUBHASH REDDY, J. 01st April, 2009. skmr