IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 22630 of 2008 Between: 1 Smt.Sabbavarapu Nallamma W/o.Madhava Rao R/o.Bhagavandas colony, Visakhapatnam Visakhapatnam District 2 Smt.K.Pyla Sujatha W/o.Sanyasi Rao R/o.Bhagavandas colony, Visakhapatnam Visakhapatnam District ..... PETITIONERS AND 1 The Commissioner of Police, Visakhapatnam Visakhapatnam District 2 The Sub Divisonal Police officer, Visakhapatnam Visakhapatnam District 3 The Station House officer, P.M.Palem Police station Visakhapatnam, 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 may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction declaring the action of the respondents in not conducting investigation in FIR.No.192/2008 on the file of the 3rd respondent and in not apprehending the accused in the said crime as illegal, arbitrary,contrary to law and consequently direct the respondents to conduct investigation as expeditiously as possible and submit report as required under Sec.173 of the Code of Criminal Procedure duly apprehending the accused before the concerned court forthwith and pass Counsel for the Petitioners:MR.K.CHIDAMBARAM Counsel for the Respondents: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.22630 of 2008 ORDER: The only grievance of the petitioners is that they lodged a complaint on the file of Pothinamallayyapalem Police Station, Visakhapatnam District, which was registered as Crime No.192 of 2008 for the offences punishable under Section 427 I.P.C and Section 3 (4) of S.C. & S.T. (POA) Act, but the same is not being investigated into by the respondents. The 2nd respondent filed a detailed counter-affidavit, stating that it is a fact that the petitioners have lodged a complaint before the 3rd respondent police on 05.07.2008 stating that they have been residing at Baghavandas Colony, Madhuravada, Visakhapatnam for the past 30 years, having constructed huts over the land in an extent of 200 sq. yards, and since they belong to Scheduled Caste, they submitted an application on 27.09.2005 to the revenue authorities in Spandhana Programme conducted by the Government for allotment of house sites, on which the aid site was allotted in their favour vide Certificate RC.No.541/2002 dated 17.08.2006. Further the petitioners, in their complaint, stated that pursuant to the report submitted by the school Head Master and some others to the Mandal Revenue Officer to allot a play ground to the school children, the Tahsildar gave warning to them to vacate the said ground, and that in their absence on 19.02.2008, the revenue officials got demolished their huts and, hence, they requested the police to take action as per law. In the counter affidavit filed by the 2nd respondent, it is further stated that basing on the contents of the complaint lodged by the petitioners, a case in Crime No.192 of 2008 under Section 427 and Section 3 (1) (v) of SC/ST (POA) Act, 1989 was registered by the Sub- Inspector of Police on 05.07.2008 and investigation was taken up. At paragraph 4 of the counter-affidavit, the 2nd respondent stated that prima facie case is not made out against the accused and, therefore, he addressed a letter, dated 18.10.2008, to the 1st respondent- Commissioner of Police, Visakhapatnam, seeking permission to refer the complaint of the petitioners as ‘FALSE’ and as soon as permission is received, he assured that a final report would be filed before the Court concerned at the earliest. In view of the same, recording the assurance given by the 2nd respondent, the writ petition is closed. No order as to costs. However, this order does not preclude the petitioners from availing the remedies available to them as per law. _____________ C.V.RAMULU,J 24th November, 2008 v v