IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF NOVEMBER, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.34177 of 1997 Between: Sabbella Srinivasa Reddy & others. … Petitioners AND The Govt., of A.P., rep., by its Secretary, Home Department, Secretariat Buildings, Hyderabad & others. … Respondents Counsel for the petitioners : Sri K. Suresh Reddy This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.34177 of 1997 ORDER:- This writ petition is filed for a Writ of Mandamus to declare the action of respondent Nos.1 to 4 in withdrawing CC.No.9 of 1995 on the file of the Additional Judicial First Class Magistrate, Ramachandrapuram, East Godavari District, as illegal and unconstitutional. Heard Sri K. Suresh Reddy, learned counsel for the petitioners and perused the record. The petitioners felt aggrieved by the withdrawal of a prosecution against respondent Nos.5 to 33. Crime No.66 of 1994 of Anaparthy Police Station was registered against the said respondents under Sections 147, 452, 353, 506 and 427 of the Indian Penal Code and Prevention of Damage to Public Property Act, 1985. The charge against them was that they assaulted some of the police officers and damaged the public property. The writ petition is liable to be dismissed on two grounds, namely; the writ petition was dismissed for default against respondent Nos.16, 17, 22, 23, 24, 27, 28, 31 and 32. This fact shows that the petitioners are not vigilant in prosecuting their case in respect of some of the respondents. Having got allowed the writ petition dismissed against some of the respondents, the petitioners cannot be selective in pursuing the writ petition against others. More formidable ground on which the writ petition is liable to be dismissed is that no offence is committed against the petitioners or their properties. The petitioners have not explained in the affidavit how their interests are affected by withdrawal of the complaint against the private respondents in respect of a crime allegedly committed against the public servants and public properties. The petitioners have not claimed that they have filed this writ petition in the public interest. For these reasons, the writ petition is dismissed. As a sequel to dismissal of the writ petition, WPMP.No.40202 of 1997 filed by the petitioners for interim relief is also dismissed. ____________________________ C.V.NAGARJUNA REDDY, J Date: 21.11.2008 ES