IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 10193 of 2004 BETWEEN: 1 P. Nagamma, W/o. Late Kondaiah, R/o. Punadipadu Village, Kankipadu Mandal, Krishna District. 2 G. Yedikondalu, S/o. Anjaneyulu, R/o. Punadipadu Village, Kankipadu Mandal, Krishna District. ... PETITIONERS AND 1 The Commissioner of Police, Vijayawada, Krishna District. 2 The Station House Officer, Kankipadu, Krishna District. 3 Kanaka Anjaneyulu, S/o. Kanka Venkatappaiah, R/o. Punadipadu Village, Kankipadu Mandal, Krishna District. 4 Kanaka Tirupathaiah, S/o. Kanaka Anjaneyulu, R/o. Punadipadu Village, Kankipadu Mandal, Krishna District. 5 Kanaka Venkateswara Rao, S/o. Kanka Anjaneyulu, R/o. Punadipadu Village, Kankipadu Mandal, Krishna District. 6 Kanaka Mangaiah, S/o. Kanka Chinni, R/o. Punadipadu Village, Kankipadu Mandal, Krishna District. 7 Kanaka Srinu, S/o. Kanaka Chinni, R/o. Punadipadu Village, Kankipadu Mandal, Krishna District. 8 Chella Srinu, S/o. Not Known, R/o. Punadipadu Village, Kankipadu Mandal, Krishna District. 9 Bandari S/o. Kanka Venkatappaiah, R/o. Punadipadu Village, Kankipadu Mandal, Krishna District. 10 Kanaka China Papa, S/o. Kanaka Chinni R/o. Punadipadu Village, Kankipadu Mandal, Krishna District. 11 Kanaka Satyavathi, S/o. Kanka Anjaneyulu, R/o. Punadipadu Village, Kankipadu Mandal, Krishna District. 12 Challa Danamma, W/o. Challa Srinu, R/o. Punadipadu Village, Kankipadu Mandal, Krishna 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 will be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned action of the respondents 1 and 2 in not taking any action against the respondents 3 to 12 for Criminal force and attack made by them against the petitioners in spite of specific complaint dated 16-1-2004, 3-5-2004 and 4-5-2004 by not even registering the complaints as highly illegal, arbitrary and violative of Art. 14 and 21 of the Constitution of India. Counsel for the Petitioners: MR.G.V.SHIVAJI Counsel for the Respondents: GP FOR HOME MR. P. VENKATA RAO The Court made the following: ORDER: Petitioners seek a Writ of Mandamus to declare the action of the respondents 1 and 2 in not taking any action against the respondents 3 to 12 for use of criminal force and attack made by them against them in spite of their specific complaints dated 16.01.2004, 03.05.2004 and 04.05.2004 by not registering the complaints as illegal and arbitrary. 2. Counter has been filed stating that on a complaint made by the third respondent on 19.03.2004 about the attack of the petitioners and others on 18/19.03.2004, a case in Cr.No.70 of 2004 was registered for the offence under Section 324 read with Section 34 of the Indian Penal Code, 1860 against the petitioners and others. It is further stated that charge sheet was filed on 12.05.2004 and the case is pending trial vide C.C.No.254 of 2004 on the file of the VI Metropolitan Magistrate, Vijayawada. 3. If that be so, I am of the opinion that the petitioners have got effective alternative remedy by way of filing a private complaint before the concerned Magistrate in accordance with the provisions of Section 200 read with Section 190 of the Code of Criminal Procedure. Therefore, I am of the opinion that the petitioners are not entitled for any relief in this writ petition filed invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. The writ petition is accordingly dismissed with a liberty to the petitioners to make a private complaint before the concerned Magistrate. There shall be no order as to costs. ______________ V. ESWARAIAH, J April 23, 2008 DSK