IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.3778 of 2009 Between: Pamanabhuni Veera Venkata Rama Krishnaji Rao S/o. Late Rama Krishna, Sai Ratna Plaza, Beside Andhra Bank, Near Cancer Hospital, Pithapuram Road, Kakinada, East Godavari Dist. ..... PETITIONER AND 1 The Superintendent of Police, Kakinada, East Godavari District. 2 The Deputy Superintendent of Police, Kakinada, East Godavari District. 3 The Inspector of Police, Kakinada, East Godavari District. 4 The Station House Officer, Sarpavaram Police Station, Kakinada, East Godavari District. 5 The Station House Officer, II Town Law & Order Police Station, Kakinada, East Godavari District. 6 M.S.V. Krishna Reddy, Gandhi Statue Centre, Opp. Reddi Babu, Hero Honda Show Room, Main Road, Kakinada, East Godavari District. 7 Nallamilli Butchi Reddy, Padmalaya Gruha Mandir, Opp. Hero Honda Show Room, Main Road, Kakinada, East Godavari District. 8 N. Satyanana Reddy C/o. N. Buchi Reddy, Padmalaya Gruha Mandir, Opp. Hero Honda Show Room, Main Road, Kakinada. 9 Ch. V. Kameswara Rao, Opp. RTO Office, N.F.C.L. Road, Kakinada. 10 S. Vigneswar Reddy, C/o. Krishna Reddy, Gandhi Statue Centre, Opp. Reddi Babu Motor House, G. Mamidada, Pedapudi Mandal, East Godavari District. 11 T. Macha Reddy, I Floor,, Beside Varma Fast Foods, Adiya Chits, Kakinada. 12 Askella Kumar C/o. Akella Public School, Jagannaickpur, Kakinada, East Godavari District. 13 V. Bhimesh, Gandhi Nagar, Kakinada, East Godavari District. 14 T. Ramu Reddy, Karanamgiri Centre, Near G.P.T., Kakinada, East Godavari District. 15 S. Sai Ram Reddy, Sai Vehicle Finance, Main Road, Hero Honda Dealers, Anaparthi, East 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 direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents 1 to 5 in not taking action against respondents 6 to 15 who are threatening the petitioner that he and his family members would be killed and locking the shops of the petitioner by them, as illegal, arbitrary and unconstitutional and consequently direct the respondents 1 to 5 to protect the life/property and family of the petitioner from the hands of respondents 6 to 15 who are threatening the petitioner, his family members and interfering with the business of the petitioners. Counsel for the Petitioner: MR.N.RAVI PRASAD Counsel for the Respondents: GP FOR HOME The Court made the following: THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.3778 of 2009 ORDER: It appears, there are certain disputes between the petitioner and the unofficial respondents i.e. the respondents 6 to 15 with regard to repayment of the loans obtained by the petitioner from them and, according to the petitioner, since there is threat to him and his family members and also to his property from the unofficial respondents, he approached the respondents 1 to 5 requesting them to provide protection, but no action has been taken till date. The 4th respondent- Station House Officer, Sarpavaram Police Station, Kakinada, filed a counter-affidavit, whereunder, while denying all the allegations made by the petitioner, it is stated that one M.S.V. Krishna Reddy, the 6th respondent herein, has filed a private complaint before the V Additional Judicial Magistrate of First Class, Kakinada, against the petitioner herein and one Mr. B. Narendra Babu, and the same was referred to the 5th respondent herein- Station House Officer, II Town Law and Order Police Station, Kakinada, for investigation and report. It is further stated that, upon receipt of the said complaint, the 5th respondent registered a case in Crime No.21/2009 for the offence punishable under Section 420 read with 34 of I.P.C., on 17.02.2009, showing the petitioner as accused No.1 and that the investigation in the said case is going on. It is also further stated that the petitioner never lodged any complaint before any of the respondent authorities seeking protection and that, sensing that he would be arrested by the police in the aforesaid case, the petitioner filed the present writ petition with baseless allegations. Except stating in the affidavit that he approached the respondent police seeking to provide protection, the petitioner has not filed any material to show that he has approached the respondent police at any point of time, seeking to provide protection from the unofficial respondents herein. In the absence of any such material and in view of the counter-averments, I am of the opinion that no interference is warranted and no relief as sought for by the petitioner can be granted under Article 226 of the Constitution of India. The writ petition is devoid of merits and is liable to be dismissed. The writ petition is, accordingly, dismissed. No order as to costs. _________________ JUSTICE N.V. RAMANA 24th March, 2009 IBL