IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5938 of 2009 Between: Karanam Manga, D/o. Karanam Appa Rao, Seleru Village, G.K. Gudem Mandal, Visakhapatnam District, Visakhapatnam. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Home Department, Rep. by its Principal Secretary, Secretariat Buildings, Hyderabad. 2 The Superintendent of Police (Rural), Viskhapatnam District, Visakhapatnam. 3 The Station House Officer, Kotavuratla Police Station, Visakhapatnam District. 4 The Sub-Inspection of Police, Kotavuratla Police Station, Visakhapatnam District. 5 Karri Naga Bushanam, S/o. narayana, Kotavuratla Mandal, Ramachandrapuram Village, Viskhapatnam District. 6 Sanepalli Nageswara Rao, S/o.Museli, S. Rayavaram Mandal, Gokulapadu Village, Visakhapatnam 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 writ, more particularly one in the nature of Writ of Mandamus declaring the impugned action of the respondents in not registering First Information Report with out considering the police report dt. 22-9-2008 as high illegal, arbitrary, against principles of natural justice and CrPC and consequentially direct the respondents to Register Crime against 5th and 6th respondents and cause investigation into the offences. Counsel for the Petitioner:MR.T.M.K.CHAITANYA Counsel for the Respondent No.: GP FOR HOME The Court made the following : ORDER: This writ petition is filed by the petitioner stating that the 5th respondent promised to marry her and satisfied his sexual desire and as a result, she became pregnant. When she insisted the 5th respondent to marry her, with the help of the 6th respondent, he got her aborted without her consent by using force and refused to marry her. Thereafter, the matter came to the knowledge of the elders and it was informed to her that a panchayat would be conducted in the morning at 10.00 a.m. in the presence of the grand father of the 5th respondent herein and Sarpanch of the Village to settle the matter but it was informed to her that the 5th respondent is missing and, therefore, she was asked to take some money and to leave the matter. Complaining the same, she lodged a report on 22.9.2009 with the 4th respondent police. The grievance of the petitioner is that the police are neither registering the crime nor taking any action against the 5th respondent and hence she filed this writ petition seeking appropriate directions. In response to the writ allegations, a counter affidavit is filed on behalf of respondents 2 to 4 inter alia admitting that the petitioner approached the Kotavuratla Police Station and lodged a complaint on 22.9.2008 but however she herself requested the police not to register any case against the 5th respondent herein and insisted the police to perform her marriage with him and, therefore, the police could not register the crime. It is also stated that the petitioner along with the village elders approached the Station House Officer, Kotavrutla Police Station and submitted an undertaking stating that she fell in love with the 5th respondent herein and moved closely with him and due to which she became pregnant and subsequently herself got the miscarriage of her pregnancy. Twice the police had counseling and demanded the 5th respondent to marry the petitioner but he denied to do so for which the petitioner requested to give time to the 5th respondent to discuss the matter with his elders for getting the marriage performed and till such time, requested the police not to take any criminal action and finally she insisted the police for the marriage with the 5th respondent. The undertaking filed by the Station House Officer, Kotavrutla Police Station is also placed before this Court. It is further stated that as of now, the petitioner did not turn up to the police nor requested them to take any action on her complaint dated 22.9.2008, which was lodged on 26.9.2008 and the only request made by her is to perform her marriage with the 5th respondent and not to take any action on him. It is stated that the police are ready and willing to register the case and take necessary action, if any fresh complaint is lodged by the petitioner. From the above it is clear that the respondent police have not registered the case nor taken any action against respondent No.5 only on the request made by the petitioner and they are ready and willing to take action in case the petitioner files a fresh complaint. In view of the above, no further orders are required to be passed in this writ petition and it is accordingly closed recording the counter averments. It is made clear that in case the petitioner makes any fresh complaint, the official respondents shall register the same and take necessary action in accordance with law. N.V.RAMANA,J Dt.24.4.2009 msv