IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.6407 of 2008 Between: Neela Satyanarayana @ Chinni S/o. Krishna Murthy, R/o. Nandakota Village, Bhimpole Panchayat, Anantagiri Mandalam, Visakhapatnam District. ...PETITIONER AND 1 The Station House Officer, Anantagiri Police Station, Visakhapatnam District. 2 Surisetti Venkat Ramana S/o. Eswar Rao R/o. H.No.30-60-7, Kanti Colony, Gavara Street, Visakhaptanam. 3 Surisetti Naga Venkat Santosh Kumar S/o. Surisetti Venkata Ramana R/o. H.No.30-60-7, Kanti Colony, Gavara Street, Visakhaptanam. ...RESPONDENTS Counsel for the Petitioner: MR.TADDI NAGESWARA RAO Counsel for the Respondent No.1: GP FOR HOME Counsel for the Respondent Nos.2 & 3: None Appeared The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.6407 of 2008 ORDER: This Writ Petition is filed for a Writ of Mandamus to declare the action of respondent No.1 in not investigating into crime No.2 of 2008 registered on 24.01.2008 as illegal and arbitrary. The petitioner sought for a consequential direction to respondent No.1 to investigate the said crime against respondent Nos.2 and 3. The petitioner in his affidavit averred that he is working as Supervisor in P.V.R. Agro Farm belonging to an Ex-Air Force Sergeant, Amalapuram, East Godavari District, that respondent Nos.2 and 3 tried to trespass into land in Survey Nos.43/2 and 32/2 to an extent of Acs.11.00 situated at Nandakota Village, Bhimpole Panchayat, belonging to the said Sergeant, that he lodged a complaint before respondent No.1 on 24.01.2008 against respondent Nos.2 and 3 for the offences under Sections 448, 323, 502 (2) read with 34 of the Indian Penal Code, 1860 and Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Though the said crime was registered, respondent No.1 neither investigated into the same nor arrested the accused, namely respondent Nos.2 and 3. The petitioner further alleged that in view of inaction of respondent No.1, respondent Nos.2 and 3 again sought to trespass into the above mentioned property by bringing a proclainer and removed the boundaries, apart from setting fire to the thatched shed. The petitioner claimed that he filed a private complaint before the Judicial Magistrate of First Class at Araku and that on 05.02.2008; the learned Magistrate referred the same to respondent No.1. The petitioner alleged that under the pressure exerted by respondent Nos.2 and 3, respondent No.1 has not investigated the complaint and filed report. Having heard Sri Taddi Nageswara Rao, learned counsel for the petitioner and perused the record, I am of the view that the Writ Petition is liable to be dismissed. On the petitioner’s own showing, his complaint was promptly registered by respondent No.1 at the first instance as crime No.2 of 2008. Not being satisfied with the same, he filed a private complaint, which was referred by the jurisdictional Magistrate under Section 156 (3) of the Code of Criminal Procedure, 1973. If the petitioner finds that respondent No.1 is lethargic in taking action in pursuance of the order of the jurisdictional Magistrate, he is not without a remedy. He can always file appropriate application under the provisions of the Code of Criminal Procedure, 1973, before the jurisdictional Magistrate, more so when his complaint is that the judicial order passed by the Magistrate by referring the complaint for investigation to respondent No.1 is allegedly not complied with. There is, therefore, no warrant to the petitioner to approach this Court by way of this Writ Petition with a complaint that respondent No.1 is not carrying out the order of the learned Magistrate. In this view of the matter, the Writ Petition is dismissed. Liberty is given to the petitioner to approach the jurisdictional magistrate with appropriate application for expediting the investigation by the police. _______________________ (C.V.NAGARJUNA REDDY, J) 26th March 2008 RRB