THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.422 of 2011 ORDER: This writ petition is filed seeking a mandamus declaring the action of the first respondent – Station House Officer, Chilakalguda Police Station, Secunderabad, in not initiating criminal proceedings against respondents 2 to 4, as illegal and arbitrary. The petitioner approached the police of Chilakalguda and lodged a complaint on 03.01.2011 stating that while he was going to meet his friend at Sithaphalmandi, Secunderabad, respondents 2 to 4 beat him with hands, and requested to take action. On receipt of such complaint, a case was registered vide Petty Case No.112 of 2011 under Section 70(b) of the City Police Act and Section 323 IPC and immediately sent the petitioner, who received injuries, to the hospital for treatment. Thereafter, a charge sheet was filed in aforesaid Petty Case before the learned XV Special Chief Metropolitan Magistrate and the accused therein admitted their guilt and were imposed a fine of Rs.900/- accordingly. It is stated that they have paid the fine amount. It is the case of the petitioner that as there was a fracture injury to him, the police have not charged the accused for the offences, which they have committed. Learned counsel for the petitioner states that the petitioner has suffered fracture injury on account of beating by the unofficial respondents. A perusal of the medical record does not indicate any fracture injury to the petitioner. There were only external injuries and he was treated as outpatient. In the absence of any such medical report, on the complaint of the petitioner, the first respondent initiated the proceedings and charged the unofficial respondents for the offence under Section 323 IPC. In that view of the matter, I do not find any illegality on the part of the police and it cannot be said that the first respondent has not acted upon the complaint of the petitioner. If the petitioner thinks that the first respondent did not properly dealt with the matter, it is always open to him to proceed with the private complaint for the offences, which he claims to have been committed by the respondents, but having regard to the proceedings initiated and charge sheet filed against the unofficial respondents, no further directions can be issued in this writ petition filed under Article 226 of the Constitution of India. The writ petition is devoid of merit and it is accordingly dismissed. No order as to costs. _______________________ R.SUBHASH REDDY, J 28th JANUARY, 2011. kvni