IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESSDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 14188 of 2009 Between: 1 Shaik Imam Sab S/o Madar Saheb Pocharam(V) Khanapur(M) Warangal District 2 Shaik Yakub S/o Madar Saheb Pocharam(V) Khanapur(M) Warangal District 3 Sk.Ameenuddin S/o Madar Saheb Pocharam(V) Khanapur(M) Warangal District 4 Bhukya Hemla S/o.Raamya Pocharam(V) Khanapur(M) Warangal District 5 Agothu Samya S/o Lachya Pocharam(V) Khanapur(M) Warangal District 6 Boda Hanuma S/o Limba Pocharam(V) Khanapur(M) Warangal District 7 Boda Chakru S/o Manya Pocharam(V) Khanapur(M) Warangal District 8 Boda Badru S/o Rajya Pocharam(V) Khanapur(M) Warangal District 9 Boda Golya S/o.Manya Pocharam(V) Khanapur(M) Warangal District 10 Boda Narasimha S/o.Sakru Pocharam(V) Khanapur(M) Warangal District 11 Bhanoth Bhichya S/o Sevya Pocharam(V) Khanapur(M) Warangal District 12 Dharmasothu Rajya S/o Chandru Pocharam(V) Khanapur(M) Warangal District 13 Boda Lingam S/o Chakru Pocharam(V) Khanapur(M) Warangal District 14 Sk.Ameeruddin S/o Modin Saheb Pocharam(V) Khanapur(M) Warangal District 15 Bhanoth Amru S/o.Dharma Pocharam(V) Khanapur(M) Warangal District 16 Sk.Subhan S/o Yakub Pocharam(V) Khanapur(M) Warangal District 17 Jannu Biksham S/o Veeraiah Pocharam(V) Khanapur(M) Warangal District 18 S.K Gafoor S/o Ali Sab Pocharam(V) Khanapur(M) Warangal District 19 S.K Jani Hussain S/o Saidulu Pocharam(V) Khanapur(M) Warangal District 20 Alurla Rajalu S/o Bhadraiah Pocharam(V) Khanapur(M) Warangal District 21 Sk.Meer Saheb S/o. Yakub Pocharam(V) Khanapur(M) Warangal District 22 Sk.Imam Sab S/o Yakub Pocharam(V) Khanapur(M) Warangal District 23 Sapavath Narsimha S/o Hemiya Pocharam(V) Khanapur(M) Warangal District 24 S.Satyanarayana S/o Veeraiah Pocharam(V) Khanapur(M) Warangal District 25 Vallepu Chandraiah S/o Pullaiah Pocharam(V) Khanapur(M) Warangal District 26 Yerra Dudaiah S/o Kattaiah Pocharam(V) Khanapur(M) Warangal District 27 Sk.Maibelli S/o.Yakub Pocharam(V) Khanapur(M) Warangal District 28 Yerrabelli Cheralu S/o Komuraiah Pocharam(V) Khanapur(M) Warangal District 29 B.Parashuram S/o Seethaiah Pocharam(V) Khanapur(M) Warangal District 30 Mekala Sattaiah S/o Pitchaiah Pocharam(V) Khanapur(M) Warangal District ..... PETITIONER(S) AND 1 The Sub Inspector of Police Khanapur Police Station,Warangal District 2 The Circle Inspector of Police Gudur Circle,Warangal District 3 The Sub Divsional Police Officer Narsampet,Warangal District 4 The Superintendent of Police Warangal,Warangal District 5 Kasa Myrali S/o Ramaswamy Budaraopet,Khanapur(M) Warangal .....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 issue appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents No 1 to 4 in not taking any action of the against the 5th respondent and his men and others who are attacking the petitioners with deadly weapons with an intention to cause loss life and damage to the property and also intefering with the peaceful possession and enjoyment of the petitioners lands in sy No.1/1 admeasuring 78 Acres of Pocharam(V) Khanapur(M) Warangal District and lands in Compartment No 682 admeasuring 90 acres situated at Khanapur(V) &(M) Warangal District even after submission of report dt 28-02-2009 against the 5th respodent and his men as the same is illegal arbitrary Counsel for the Petitioner:MR.A.PRABHAKAR RAO Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.14188 OF 2009 ORDER: 1 According to the petitioners they are cultivating the land in Sy.No.1/1 admeasuring 78 acres of Pocharam village, Khanapur Mandal, Warangal District and are also cultivating the lands in Compartment No.682, admeasuring 90 acres situated at Khanapur village and Mandal, Warangal district. 2 When there is interference by the unofficial respondents, the petitioners submitted a report on 28.2.2009 to the respondents 1 to 4 through registered post with acknowledgement due and though the respondents 1 to 4 have received the said report, they have not initiated any action and hence they approached this court and filed the present Writ Petition. 3 Heard both sides. 4 Section 154 of Cr.P.C. deals with information in cognizable offences. According to the said provision of law, whenever any information relating to the commission of a cognizable offence comes to the knowledge of an officer of the police station, the same shall be reduced into writing and thereafter the same shall be entered in a book. 5 From the above provision of law, as and when any information relating to the commission of a cognizable offence is received, the Station House Officer has no option but to register the same as First Information Report. From the contents of the report given by the petitioner it appears that a cognizable offence is made out. In such a case, as stated supra, the police officers particularly the first respondent has no option but to register the crime and investigate into it and thereafter refer the matter as false if no case is made out or file a charge sheet if any prima facie offence is made out against the accused persons. This view of mine is further fortified by the judgment of the Supreme Court in State of Haryana and others Vs. Ch.Bhajanlal and others[1] wherein the apex Court observed as follows: “The condition which is sine qua non for recording an FIR is that there must be an information and that information must disclose a cognizable offence. It is, therefore, manifestly clear that if any information disclosing a cognizable offence is laid before an officer – in – charge of a police station satisfying the requirements of Section 154(1) the said police officer has no other option except to enter the substance thereof in the prescribed form that is to say, to register a case on the basis of such information” 6 Here is a case where the respondents without registering any crime have conducted a preliminary enquiry and came to the conclusion that no offence is made out, which in my considered view is contrary to the provisions of law. 7 Hence the respondents 1 to 4 particularly the first respondent is hereby directed to register the First Information Report and hold an enquiry and thereafter he may do any thing in accordance with law. 8 Accordingly, the Writ Petition, with the above directions, is disposed of. No order as to costs. ------------------- 05.08.2009 kvsn [1] AIR 1992 SC 64