THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.23947 OF 2007 Dated 21st January, 2008 Between: P.Rukhsana Parveen … Petitioner And The Superintendent of Police, Kadapa, Kadapa District and Four others … Respondents THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.23947 OF 2007 O R D E R: This writ petition is filed seeking a direction by way of Mandamus to declare the action of respondents 1 and 2 in not taking action against respondents 3 to 5, who are accused Nos.1 to 3, in Crime No.153 of 2007, pending on the file of II-Town Police Station, Proddatur, Kadapa District, as illegal and arbitrary. The petitioner lodged a complaint on 03-10-2007 stating that respondents 3 to 5, who are her father-in-law and brothers-in-law, came to her and demanded to attest her signature on a blank paper. She further stated in the complaint that when she refused to do so, they abused her indecently, dragged her from out of the house and beat her with hands and outraged her modesty. Based on the said complaint and statement of the petitioner, a case in Crime No.153 of 2007 was registered on the file of II-Town Police Station, Proddatur, Kadapa District. It is the grievance of the petitioner that though the case was registered, no steps have been taken by the police by arresting respondents 3 to 5, without any just cause and reason. In the counter-affidavit filed on behalf of respondent No.2, it is stated that pursuant to registration of the crime, investigation was done and so far, the investigating officer has examined 9 witnesses and recorded their statements and except the complainant i.e., the petitioner, the rest of the witnesses did not corroborate to the facts of the complaint. Further it is stated that for the reasons best known to the complainant/petitioner, she on her own went to the Government Hospital and joined in the hospital for alleged body pains nearly after 18 hours of the incident even without filing a complaint to the police. It is stated that as much as investigation is completed, final report would be filed. Merely because respondents 3 to 5 were not arrested, it cannot be said that there is no progress in the investigation of the case. In all cases, merely because a complaint is filed, it is not necessary that the accused must be arrested. It is always open to the police to make a preliminary investigation with regard to involvement of the accused as mentioned in the complaint. Since 9 witnesses were already examined and the investigation is at an advanced stage, it cannot be said that no action has been taken by the respondent-police pursuant to the complaint lodged by the petitioner. In that view of the matter, the petitioner is not entitled to any direction by way of Mandamus as sought for. For the above said reasons, this writ petition is disposed of keeping it open to the respondent-police to file a final report, as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order. It is also made clear that if the petitioner is aggrieved of the final report, to be filed under Section 173 Cr.P.C, it is open to her to file any objections before the competent Magistrate. No order as to costs. ____________________ R.SUBHASH REDDY,J Dated 21st January, 2008 vrn