IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No : 2460 of 2008 Between: Sri Shiva Krishna Mandir (Shivalayam), Chappal Bazar, Hyderabad, rep by its Secretary, Sri Rajesh, S/o. Badrinarayan Singh, R/o. Chappal Bazar, Hyderabad ..... PETITIONER AND 1 The Station House Officer, Kachiguda Police Station, Kachiguda, Hyderabad. 2 The Asst. Commissioner of Endowments, O/o. Commissioner of Endowments, at Boggulkunta, Hyderabad. .....RESPONDENT(S) Counsel for the Petitioner: Mr.Srinivasa Murthy Cheedella Counsel for the Respondents: AGP FOR HOME The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No : 2460 of 2008 ORDER: This writ petition is filed for a writ of mandamus to declare the inaction of respondent No.1 in providing police protection to Sri Shiva Krishna Mandir (Shivalayam) , Chappal Bazar, Hyderabad and its devotees against the antisocial elements, as illegal and arbitrary. At the hearing, it is submitted by the learned counsel appearing for the petitioner that some antisocial elements are threatening the devotees while performing pooja in Sri Shiva Krishna Temple situated at Chappal Bazar, Hyderabad and despite the representation made by the petitioner and the letter addressed by the Assistant Commissioner, Endowments Department, Hyderabad to respondent No.2, the respondents are not taking any action. In his affidavit, the deponent has not named the alleged antisocial elements, who are disturbing the pooja in the abovementioned temple. It is not the case of the petitioner that a criminal complaint was filed against the alleged antisocial elements and that the respondents have not taken any action thereon. If the petitioner has any grievance against anybody to the effect that they have been indulging in criminal activities, he has a right to invoke the provisions of the Code of Criminal Procedure, 1973 and file a complaint before the respondents and if the respondents do not take any action, he can approach the jurisdictional Magistrate. Admittedly, the petitioner has not followed this established procedure. There is no provision in the Code of Criminal Procedure, 1973, which obliges the respondents to afford police protection against the criminal activities without the affected persons invoking remedies available under law. Since the petitioner failed to approach the respondents in accordance with the procedure prescribed by the Code of Criminal Procedure, his grievance cannot be entertained in this writ petition. The writ petition is therefore dismissed. Liberty is given to the petitioner to file appropriate complaint against the alleged antisocial elements and if the respondents do not take proper action, it is given liberty to avail the remedies available under law. As a sequel to dismissal of the writ petition, WPMP.No.3164 of 2008 filed by the petitioner for interim relief is also dismissed. C.V. NAGARJUNA REDDY, J Date: 03.03.2008. ES