HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.15328 OF 2009 THURSDAY, THE 24TH DAY OF SEPTEMBER, 2009 Between: M.Nagabhushanam. …Petitioner. And: 1. The Govt. of A.P. Rep.by its Prl.Secretary, Department of Home Affairs, Secretariat, Hyderabad and others. ….Respondents. HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.15328 OF 2009 ORDER: This Writ Petition is filed seeking to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents 2 and 3 in not considering the Criminal Complaint or Representation and not investigating against the 4th respondent, as illegal, contrary to law, arbitrary and against the principles of natural justice and subsequently, direct the respondents-concerned police authorities to register the F.I.R. against the 4th respondent and investigate into the matter. The case of the petitioner in brief is as follows: The sister of the petitioner by name late Bujjamma got married on 18-08-2004 with Karanam Dorababu, the 4th respondent herein. At the time of marriage, they have paid an amount of Rs.70,000/- and have given 15 tulas of gold towards marriage expenses and Stridhana. Out of the wedlock, she was blessed with one child by name Harshavardhan. Again, when she got pregnancy, the 4th respondent did not provide proper treatment, as a result of which, she died. They incurred expenses of Rs.2,50,000/- out of total bill amount of Rs.4,16,000/-. After her death, when they went to Depur i.e., the village of his brother-in- law on the occasion of her 10th day ceremony on 22-4-2009, the petitioner was forcibly taken by his brother-in-law and their relatives to some unknown place and was tied with ropes. Thereafter, they demanded the petitioner to pay Rs.1,70,000/- stating that they paid the same in the hospital towards the treatment expenses of the sister of the petitioner and forced him to sign on the promissory note and due to their coercion and threat to his life, he had to sign on the promissory note. In this connection, he made a complaint to Atmakuru Police Station on 22-05-009. Thereafter, the 3rd respondent-Sub Inspector of Police, Atmakur neither registered the crime nor investigated the case nor issued any acknowledgment for the receipt of the complaints. Since there was no response from the 3rd respondent-Sub-Inspector of Police, he had forwarded his complaint to the 2nd respondent- Superintendent of Police, Nellore, but no action has been taken so far. Hence, he approached this Court. Basing on the written instructions received by the learned Government Pleader for Home, from the Police, he submitted that no complaint has been received by the police and hence, no action has been taken. It is contended by the learned counsel for the petitioner that though a complaint has been presented to the police by the petitioner against the 4th respondent, no action has been taken so far and hence, he seeks a direction to the police authorities to take action against the 4th respondent by registering a case against him. On the other hand, the learned Government Pleader for Home having received the written instructions from the police authorities, has submitted that even though the police authorities have perused the records and files available in the Station, no complaint in the name of M.Nagabhushanam who is the petitioner herein has been received . In view of the submissions made by the learned Government Pleader for Home and in view of the facts and circumstances of the case, the Writ Petition is liable to be dismissed. Accordingly, the writ petition is dismissed. No costs. It is needless to say that the order passed by this Court will not prevent the petitioner to bring to the notice of the police about the alleged offence by presenting any fresh complaint. ________________________ Justice G.CHANDRAIAH Dated 24th September, 2009. Dvs HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.15328 OF 2009 Dated 24th September, 2009.