IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.8362 of 2008 Between: Mallina Suri Babu, S/o. Gopichand, Dippakayapadu (V), Koyyalagudem (M), West Godavari District. ..... PETITIONER AND 1 The Superintendent of Police, West Godavari District at Eluru. 2 The Sub Divisional Police Officer, Jangareddygudem Division, Jangareddygudem, West Godavari District. 3 The Sub Inspector of Police, Koyyalagudem Police Station, Koyyalagudem, West Godavari District. 4 Malina Vijaya Kumar @ Chinni, S/o. Satyanarayana, R/o. Dippalyapadu (V), Koyyalagudem (M), West Godavari District. 5 Mallina Satyanarayana @ Babju, S/o. Veeranna, R/o. Dippalyapadu (V), Koyyalagudem (M), West Godavari 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 orders or direction more particularly one in the nature of a Writ of mandamus declaring the action of the respondent Nos.1 to 3 in not taking any action on petitioner's representation dated 06-02-2008 as illegal, arbitrary, malafide and in violation of Articles 19 and 21 of Constitution of India and against to the principles of natural justice and consequentially direct the respondents to take necessary action on his representation and enquire into the matter in the interest of justice. Counsel for the Petitioner: MR. KAMBHAMPATI RAMESH BABU Counsel for the Respondents: GP FOR HOME The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.8362 OF 2008 ORDER: It is the case of the petitioner that he is the owner of five acres of land situated at Kichechepugudem Village, West Godavari District, and that the 4th respondent, who is his junior paternal uncle, is making efforts to grab the said land and threatening the petitioner to sell the said land to him. While so, on 24.12.2007, when the petitioner was in his agricultural land, the respondents 4 and 5 forcibly entered into his land and attacked him with logs indiscriminately. The petitioner sustained grievous injuries on his head and legs and the adjacent landowners, who came to his rescue, shifted him to hospital. His father reported the matter to the 3rd respondent- Sub-Inspector of Police, Koyyalagudem Police Station, basing on which a case was registered in Crime No.189 of 2007 for the offence punishable under Section 324 read with 34 I.P.C. The petitioner contends that the respondents 4 and 5 attempted to kill him with deadly weapons and caused grievous injuries, which constitutes an offence punishable under Section 307 I.P.C., but the 3rd respondent registered the crime for the offence punishable under Section 324 I.P.C. Therefore, he filed a complaint before the II Additional Judicial Magistrate of First Class, Jangareddygudem, but the same was returned on the ground that the same is not maintainable, as the police have already registered a crime with regard to the said incident. While so, the respondents 4 and 5, who were released on bail, are threatening the petitioner to kill him and his father, if they do not withdraw the above complaint. Thereupon, the petitioner approached the 3rd respondent and reported the same, but in vain. Therefore, he submitted a representation to the 1st respondent- Superintendent of Police, West Godavari, on 06.02.2008, seeking to provide protection, and the same was forwarded to the 2nd respondent- Sub Divisional Police Officer, Jangareddygudem with a direction to take necessary action and report, but the 2nd respondent did not take any action in pursuance thereof. Hence, this writ petition. In the facts and circumstances of the case, without expressing any opinion on merits, I deem it appropriate to direct the respondents 1 to 3 to take appropriate action on the representation, dated 06.02.2008, purported to have been submitted by the petitioner seeking to provide protection, in accordance with law. With the above direction, the writ petition is disposed of. No order as to costs. _________________ JUSTICE C.V. RAMULU 20th November, 2008. IBL