THE HONOURABLE SRI JUSTICE G. CHANDRAIAH W.P. No.16335 of 2009 Date: 14-10-2009 Between: Shaik Bibi … Petitioner And The Superintendent of Police Guntur District and others. … Respondents THE HONOURABLE SRI JUSTICE G. CHANDRAIAH W.P. No.16335 of 2009 ORDER: Questioning inaction on the part of the respondents 1 and 2, official respondents, in respect of Crime No.130 of 2008 in apprehending the respondents 3 to 5, unofficial respondent, the present writ petition has been filed. The case of the petitioner, in brief, is that she married with the respondent No.3, S.K.Basheed, in the year 1965 and during their wedlock they were blessed with a son. Having illicit intimacy with the respondent No.4, S.K.Masthani, they too blessed with a daughter and son, 5th respondent is the son, the 3rd respondent neglected her and her son. While so, recently the 3rd respondent was appointed as Muthawali of Hazarath Baji Shaheed Darga at Pedakakani by the A.P. State Wakf Board. On 03.06.2008 she made a representation to the Wakf Board requesting them to give half share of salary of the 3rd respondent for their livelihood. On coming to know the said representation, the unofficial respondents demanded to withdraw the said representation and when she did not agree for the same, the unofficial respondents bore grudge against the petitioner and made an attempt to murder but she raised alarm and saved her life. Immediately, she rushed to the 2nd respondent, Station House Officer, Pedakakani Police Station, and lodged a complaint against the unofficial respondents. In spite of receiving the complaint from the petitioner, the 2nd respondent did not register the crime. Therefore, she filed a private complaint and that has been registered as Crime No.130 of 2008. Even after lapse of 11 months of registering the crime, the 2nd respondent did not act in accordance with law and the unofficial respondents are continuously threatening her with dire consequences. Since there was no action on the part of the 2nd respondent, the petitioner approached the 1st respondent, Superintendent of Police, Guntur, and made a representation dated 26.09.2009 requesting him to take action against the unofficial respondents. Even there was no action from the 1st respondent directing the 2nd respondent to apprehend the unofficial respondents, she filed the present writ petition. On behalf of the respondents, counter has been filed stating that based on the complaint lodged by the petitioner a case in Crime No.130 of 2008 was registered. During the course of investigation, it was revealed that there has been no relation between the petitioner and the 3rd respondent and it is also come to know that they were living separately for the past 30 years. After the 3rd respondent became the Muthawali of the said Darga, the petitioner started demanding for amount. When the 3rd respondent refused to give the demanded amount, the petitioner filed the false case against the 3rd respondent and final report of the same has been submitted before the learned VI Additional Munsiff Magistrate Court, Guntur on 30.09.2008. Heard the learned counsel on either side and perused the material on record. The main grievance of the petitioner is that she is the first wife of the 3rd respondent and having illicit intimacy with the 4th respondent she was neglected for the last so many years. After the 3rd respondent became the Muthavalli to a Darga she is demanding half of the salary from the 3rd respondent and he refused for the same and threatened with dire consequences. When she lodged a complaint, a case in Crime No.130 of 2008 was registered but thereafter no action has been taken by the official respondents. Based on the written instructions, the learned Government Pleader categorically submitted that after registering the said crime, the matter was investigated and found the case of the petitioner is false. After service of notice to the petitioner, final report has been filed before the Court below on 30.09.2008. Prima facie, the petitioner did not make out any case in the writ petition for interference. It is obvious from the record that based on the complaint of the petitioner, case was registered and investigated into the matter and found that the case of the petitioner was false and the same was reported before the Court below. Therefore, it cannot be said that the official respondents did not act, in accordance with law, on her complaint. Having regard to the facts and circumstances of the case and the submissions made by the learned counsel on either side, I do not see any reason to grant the relief as sought for by the petitioner and the petition is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. __________________________ JUSTICE G. CHANDRAIAH Date: 14-10-2009 LSK