IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 23116 of 2007 Between: Gude Mohan Rao, S/o late Naga Gannaiah, R/o 7-1-74, Near Syndicate Bank, China Waltair, Visakhapatnam-17. ..... PETITIONER AND 1 State of Andhra Pradesh, represented by its Secretary, Department of Home, A.P.Secretariat, Hyderabad. 2 The Superintendent of Police, West Godavari District. 3 The Deputy Superintendent of Police, Kovvur, West Godavari District. 4 Mota Lalitha kumari, W/o Venu Gopal, D.No.46-16-35, Danavaipet, Rajahmundry, E.G.District. 5 Mota Venu Gopal, S/o Sahadevudu, D.No.46-16-35, Danavaipet, Rajahmundry, E.G.District. 6 Gude Venkateswara Rao, S/o late Naga Gannaiah, Kalavalapalli, Chagallu P.S.., Limits. 7 Gude Vivekananda Swamy, S/o Late Naga Gannaiah, Kalavalapalli, Chagallu P.S.Limits. 8 B.Padmavathi, W/o Muthyala Rao, Permanent Resident of Secunderabad, Presently residing at Kalavalapalli, Chagallu P.S.Limits, Cell Phone No.9866130696. 9 B.Mutyala Rao, S/o Satyanarayana, R/o Secunderabad and Now at Kalavapalli, Chagallu P.S., 10 Jaladi Shehalatha, W/o George Sudhir, Sanjeeva Nagar, Near C.T.R.I.Rajahmundry, E.G.District. 11 Jaladi George Sudhir, Sanjeeva Nagar, Near C.T.R.I., Rajahmundry, E.G.District. 12 Nalli Sarojini, W/o Chitti Babu, D.No.86-16-8, Pedda Veedhi, V.L.Puram, Rajahmundry. 13 Nalluri Chitti Babu, D.No.86-16-8, Pedda Veedhi V.L.Puram, Rajahmundry. 14 Kotaru Muneswara Rao, S/o Peda Appanna, Kamma by Caste, Mandal President, Chagallu Mandal, Chagallu, Chagallu P.S.Limits. 15 The Station House officer, Chagallu Police Station, Chagallu Mandal, West Godavari 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 order, direction or writ, more particularly one in thenature of writ of mandamus declaring the inaction of the respondents 2, 3 and 15 in respect of Crime No.64/2005 of Chegallu Police Station, Chegallu Mandal, West Godavari District as illegal, arbitrary, contrary to the provisions of the schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1979 and unconstitutional and consequently direct the 1st respondent to initiate action against the respondents 2, 3 and 15 and pass suchother order or orders as are deemed fit in the facts and circumstances of the case. Counsel for the Petitioner:MR.GOLI.RAMA KRISHNA Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 23116 of 2007 Oral Order: The writ petition asserts a grievance that the oﬃcial respondents have failed to investigate crime No. 64 of 2005 of Chegallu Police Station, Chegallu Mandal, West Godavari District. The 3rd respondent has ﬁled a counter aﬃdavit. As is apparent from the averments in the counter, the petitioner ﬁled a private complaint on the ﬁle of the learned II-Additional Judicial First Class Magistrate, Kovvur against the unofficial respondents. On the Court forwarding it to the Police Station for enquiry and report under Section 156 (3) of the Code of Criminal Procedure, 1973, crime No. 64 of 2005 was registered under Sections 354, 323, 506 (2), 107 read with Section 34 of the Indian Penal Code and investigation taken up. The investigation was duly conducted by examining as many as eight (8) witnesses and a ﬁnal report was also drawn up but could not be ﬁled into Court since notice could not be served on the complainant as he had not furnished proper address. At that stage in 2005, the petitioner represented a fresh complaint as to the quality of investigation. The answering respondent states that on instructions of the Deputy Inspector General of Police, Eluru Range, Eluru, he reinvestigated the case and examined the complainant and other witnesses. The investigation revealed that except the complainant and his wife none of the witnesses supported the petitioner’s version of the events. Consequently a ﬁnal report was ﬁled recording the complaint as false, on 10-08-2007. The counter further states that the respondents-police tried to serve notice at the address given by the complainant-petitioner but it was found that the petitioner was not residing at the given address. Thereupon the notice is sent to the complainant by registered post on 08-11-2007, but no acknowledgement is received. Final report was also ﬁled before the learned II-Additional Judicial First Class Magistrate, Kovvur on 08-11-2007. All other allegations in the writ petition are denied. In the facts and circumstances of the case and in the light of the averments in the counter aﬃdavit of the 3rd respondent dated 16-11-2007 to which no aﬃdavit in response is ﬁled by the writ petitioner, no interference is warranted. The writ petition is accordingly dismissed at the stage of admission. No costs. ____________________ GODA RAGHURAM, J Dated: 22-08-2008 pvks