IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD MONDAY THE EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TEN :PRESENT: THE HONOURABLE SRI JUSTICE N.V. RAMANA WP .NO:23911 of 2010 Between:- M/s. Noble Enterprises, Having its Office at 801/202, Preetika Apartments, Saraswathi Colony Road, Santa Cruz, Mumbai-54, Rep by its partner Mr. Hussain Rassai, S/o Abbas Rassai, Occ : Business, R/o. 5-144, Gulistan, S.V. Road, Khar (w), Mumbai -54. ..... Petitioners AND 1.The Superintendent of Police, Anantapur, Anantapur District 2.The Station House Officer,Parigi Police Station Anantapur District. .....Respondents. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the respondents in granting police protection to the petitioner to safeguard his life, properties from unsocial elements as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to give police protection to the petitioner; The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the order of the High Court dated 05-10-2010 and 8-10-2010 made herein and upon hearing the arguments of SRI P.MADHUSUDHAN RAO, Advocate for the Petitioner and of the Asst. Govt. Pleader for Home on behalf of respondents, the Court made the following: ORDER :- This Court, on 08.10.2010, having perused the contents of two complaints dated 20.09.2010 and 23.09.2010 said to have been submitted by the petitioner to respondent No.2 namely the Station House Officer, Parigi, held that the allegations made by the petitioner in the complaints, prima facie, constitute offences punishable under the Indian Penal Code, and thus the stand taken by respondent No.2 in his counter-affidavit that the complaints disclose civil dispute between the petitioner and the persons mentioned therein cannot be accepted. When this Court pointed out as such, the 2nd respondent, who appeared before this Court on that date as per the directions of this Court, agreed to take action on the complaints of the petitioner. Thereupon, this Court directed the 2nd respondent to take necessary action on the complaints of the petitioner forthwith and adjourned the matter to two weeks. Thereafter, when the matter came up on 01.11.2010, the learned Government Pleader for Home submitted that F.I.R. has been registered, but however, as the petitioner contended that till date no action has been taken pursuant to registration of F.I.R., this Court posted the matter to today, for submission of report as to status of F.I.R. or investigation. -2- Today, the learned Assistant Government Pleader for Home, on instructions, submits that some of the accused in the subject crime were arrested. She, however, submits that protection of the police for removal of gates cannot be provided. On the other hand, learned counsel for the petitioner submits that due to the acts of the accused, the company is unable to function, and as such protection of the police is necessary, but the respondents, having registered F.I.R. as per the directions of this Court, are not providing the protection. In the circumstances, the 1st respondent- Superintendent of Police, Anantapur, is directed to examine the whole issue and file a detailed counter-affidavit in the matter. List the matter after two weeks. ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To 1.The Superintendent of Police, Anantapur, Anantapur District. (By Speed Post) 2.The Station House Officer,Parigi Police Station Anantapur District.(By RPAD) 3.Two CCs to the Asst. Govt. Pleader for Home, High Court of A.P., Hyd (By Special Messenger) 4.One CC to Sri P.MADHUSUDHAN RAO, Advocate(OPUC) 5.One spare copy. bsr HIGH COURT NVR.J DT.08-11-2010. LIST THE MATTER AFTER TWO WEEKS. ORDER W.P.No. 23911 of 2010 D I R E C T I O N Bsr Dt. 10-11-2010 HIGH COURT NVR.J DT.08-11-2010. LIST THE MATTER AFTER TWO WEEKS. ORDER W.P.No. 23911 of 2010 D I R E C T I O N