IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY THE FIFTH DAY OF TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 21531 of 2008 Between: 1 Smt. G.Narasimhulu Sakuntala, W/o. G.P.Narasimhulu, at D.No.13/321, Vedurla Bazar, Proddatur Town. 2 G.P.Narasimhulu, S/o. Anjanappa Setty, R/o. 23/34, Sundaracharlu Street, Proddatur. ..... PETITIONERS AND 1 The State of A.P. Rep by its Principal Secretary, Home Department, Government of A.P., Secretariat Building, Hyderabad. 2 The Director General and Inspector General of Police, Lakdikapool, Opp: Ravindra Bharathi, A.P., HYderabad. 3 The Deputy Inspector General of Police, Kurnool Range, Kurnool. 4 The Deputy Superintendent of Police, Proddatur, Kadapa District. 5 The Superintendent of Police, Kadapa, Kadapa District. 6 K.Jaya Chandra Reddy, Salwakatta Veedhi, Proddatur Town, Kadapa District. 7 D.Bhaskar Reddy, Sub Inspector of Police, II Town Police Station, Proddatur Town. .....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 order or direction or writ more particularly one in the nature of writ of mandamus declaring the action of the Respondents as illegal, arbitrry, and unconsitutioal and it amounts to violation ofArticle 14, 16 and 21 of the Constitution of India, and direct the Respondents to immediately act on FIR NO.93/2008, Dt. 02.07.2008 on the ﬁle of II Town Police Station, Proddatur, Kadapa District, and hand over the possession of the House Bearing D.No.13/321, Vedurla Bazar, Proddatur, Kadapa District, and consequently direct Oﬃcial Respodnents to provide necessary Police Security to the Petitioners, in the interest of justice, and pass Counsel for the Petitioner:MR.P.LAKSHMANA RAO Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON’BLE MS JUSTICE G.ROHINI W.P.NO.21531 OF 2008 ORDER This writ petition is ﬁled seeking a direction to the respondents to act immediately on F.I.R.No.93 of 2008 dated.02-07-2008 on the ﬁle of II Town Police Station, Proddatur, Kadapa District and consequently to direct the respondents 1 to 5 to provide police security to the petitioners. I have heard the learned counsel for the petitioners as well as the learned Government Pleader for Home appearing for the respondents and perused the material on record. Admittedly the petitioners ﬁled a private complaint under Section.190 r/w.156(3) Cr.P.C. before the Court of I Additional Judicial Magistrate of First Class, Proddatur against the respondents 6 and 7 herein and six others. It is also not in dispute that the matter was forwarded by the learned Magistrate to the police and accordingly the Sub-Inspector of Police, II Town Proddatur P.S. registered Cr.No.93 of 2008 under Sections.193, 307, 420, 467, 354 and 120-B of IPC. In the counter-affidavit filed by the Sub-Divisional Police Officer, Proddatur Town, it is stated that during the course of investigation statements of as many as 22 witnesses were recorded which revealed that all the allegations levelled against the accused No.1 and S.I of Police, II Town Proddatur P.S. were false and baseless. Accordingly permission was obtained from the Superintendent of Police, Kadapa referring the complaint of the petitioners as false on 29-10-2008. Notices to the complainants were also served on 30-10-2008 and the ﬁnal report would be ﬁled shortly before the learned Magistrate. Thus it is clear from the counter-aﬃdavit that the investigation in Cr.No.93 of 2008 has been concluded and the necessary enquiry report has to be ﬁled before the competent Court. In the circumstances, even assuming that there are any lapses/irregularities in the investigation and that the petitioners are aggrieved it is for them to work out the appropriate remedy as available under law before the learned Magistrate. Accordingly granting leave and liberty the writ petition is disposed of. No costs. _____________ G.ROHINI,J 5th November,2008 *TSNR