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 : 21952 of 2008 Between: Kopparthi Sumathi, D/o. Prakasam, R/o. H.No. 26-2/126, Moolapet, Nellore, Nellore District. ..... PETITIONER AND 1 The Superintendent of Police, Nellore, Nellore District. 2 The Circle Inspector of Police, Nellore Circle, Nellore Dsitrict. 3 The Station House Officer, IV Town, P.S.Nellore, Nellore District. 4 Enduri Srinivas, S/o. Subbaiah, at Dande yeddupuram, Near Lendi College Lane, Nellore. .....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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of respondent No.3 in taking any action on the complaint given by the petitioner on 10-7-2008 in spite of the endorsement of the 1st respondent as illegal, arbitrary, unconstitutional and violative of Article 21 of the Constitution of India and consequently direct respondents Nos.1 and 2 herein to forthwith take action against the 3rd respondent for not registering the criminal case against the 4th respondent and his family members pursuant to the complaint, dated 10-7-2008. Counsel for the Petitioner:MR.VENKATESWARLU SANISETTY Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No. 21952 of 2008 ORDER: This writ petition is filed seeking a Mandamus declaring the inaction of respondent No.3 in taking any action on the complaint given by the petitioner on 10.07.2008 in spite of the endorsement made by the 1st respondent as arbitrary, illegal and unconstitutional and consequently direct respondents 1 and 2 to forthwith take action against respondent No.3 in not registering a criminal case against the 4th respondent basing on the complaint given by the petitioner. It is the case of the petitioner that she gave a complaint on 10.07.2008 to the Superintendent of Police, Nellore, the 1st respondent, against the 4th respondent complaining that the 4th respondent had deceived her by promising to marry her. On receiving the said complaint, the 1st respondent referred the same to the Station House Officer, IV Town Police Station, Nellore, the 3rd respondent, with an endorsement to enquire into the matter and take immediate steps. The grievance of the petitioner is that the 3rd respondent is not taking any action on the complaint given by her against the 4th respondent, in spite of the endorsement made by the 1st respondent to enquire into the matter. Hence, this writ petition. In the counter affidavit filed by the 3rd respondent, it is stated that on receipt of the complaint dated 10.07.2008 from the petitioner, when the respondent police were about to take action on the same, the petitioner approached them and filed a petition dated 18.08.2008 stating that they are going to settle the dispute amicably before the elders and requested them not to take any action on the 4th respondent and, therefore, they did not initiate any action on the said complaint, and that if the petitioner withdraws the petition, dated 18.08.2008, filed by her, then they will proceed on the complaint dated 10.07.2008 as per law. Learned counsel for the petitioner submits that even after filing of the writ petition, the petitioner approached the 3rd respondent with a written request to treat the petition, dated 18.08.2008, as withdrawn, as she has given the same under threat, and to take further action on the complaint made by her on 10.07.2008, but the police are not taking any action on the same. Learned Government Pleader for Home appearing for the respondents submits that unless the petition, dated 18.08.2008, is withdrawn, the police cannot take any action and that the police are ready to take action on the complaint, dated 10.07.2008, if the petitioner withdraws the petition dated 18.08.2008. In view of the counter averments as well as the submissions made by the learned Government Pleader, respondents 1 to 3 are directed not to give effect to the petition, dated 18.08.2008, by treating the same as withdrawn and to proceed on the complaint made on 10.07.2008, as per law. The writ petition is, accordingly, disposed of. No order as to costs. _____________ C.V.RAMULU,J 24.11.2008 v v