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 A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 5426 of 2000 Between: 1. Smt. Pasupureddy Chiranjeevulamma, W/o. P. Ramamurthy, Presently residing at Podugu RamuluLane, Opp: Thavitamma House, Kamakurthyvari Street, Srikakulam, Srikakulam District. 2 Sri Pasupureddy Ramamurthy, (R/o. Saradhi (Vig), Rajam (M), Srikakulam District), Presently residing at Podugu RamuluLane, Opp: Thavitamma House, Kamakurthyvari Street, Srikakulam, Srikakulam District. ..... PETITIONER(S) AND 1 The S.H.O.,Palakonda (PS), Srikakulam District. 2 The Sub-Inspector of Police, Palakonda (PS), Srikakulam District. 3 Mr. Ramana Murthy, Sub-Inspector of Police, Palakonda (PS), Srikakulam District. 4 The Circle Inspector of Police, Palakonda (PS), Srikakulam District. 5 Mr. Appala Naidu, Head Constable, Palakonda (PS), Srikakulam District. 6 Mr. Shyamala Rao, Constable, I.D.No.40, Palakonda (PS), Srikakulam District. 7 The Deputy Superintendent of Police, Palakonda (PS), Srikakulam District. 8 The S.H.O., Rajam (PS), Srikakulam District. 9 The Sub-Inspector of Police, Rajam (PS), Srikakulam District. 10 Mr. Kondapally Lakshmana Murthy, Sub-Inspector of Police, Rajam (PS), Srikakulam District. 11 Mr. N. Balaram, P.C.No. 936, Rajam (PS), Srikakulam District. 12 Mr. N. ManmadhaRao, P.C.No.728, Rajam (PS), Srikakulam District. 13 Mr. Kumar, Rajam (PS), Srikakulam District. 14 Mr. T. Ramulu, P.C.No.1138, Rajam (PS), Srikakulam District. 15 Mr. A. Krishna Rao, P.C.No.821, Rajam (PS), Srikakulam District. 16 Mr. Sugunakara Rao, P.C.No.1378, Rajam (PS), Srikakulam District. 17 Mr. D. RajaSekhar, P.C.No. 1023, Rajam (PS), Srikakulam District. 18 The Circle Inspector of Police, Rajam (PS), Srikakulam District. 19 The Deputy Superintendent of Police, Rajam (PS), Srikakulam District. 20 The Superintendent of Police, Srikakulam. Srikakulam District, 21 The Director General of Police, Government of Andhra Pradesh, Hyderabad. 22 The Secretary of the Governmet of A.P. Home (Police) Dept., Secretariat, Hyderabad. 23 Sub Divisional Magistrate, Palakonda, R 23 is impleaded as per Court Order dt.24/8/2000 in WPMP 18058/2000. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an Order, direction, or a Writ, more particularly One in the nature of Writ of 'Mandamus', Calling for records and remarks from the Respondents herein, in and connected to: (1) Harassing the Family of the Petitioners by the Police of Palakonda Police Station, Srkakulam District for the reason that Sri Tripurana Narasimha Appa Rao, Brother of the First Petitioner herein, has filed a private Complaint bearing C.C.No.107/88, before the Magistrate's Court, Palakonda, against the Police for harassment; (2) Harassing and Looting the House of the Petitioners on 6-12-1999, by the Police of Rajam Police Station, Srikakulam District, with the help of goondas, and taking away of house hold articles worth Two Lakhs rupees; and (3) Trying to kill to the Petitioners by the Police and pass appropriate Orders to provide protection to the lives of the Petitioners and their property in the interest of Justice; and to pass such other order or further orders as this Honourable Court may deem fit and proper in the circumstances of the Case. Counsel for the Petitioner:MR.K.BALAGOPAL Counsel for the Respondent No.: TAKEN UP The Court made the following : ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) We have heard Sri K.L.Balagopal, Advocate, who fairly conceded that the private complaint filed by the first petitioner which has been numbered as C.C.No.107 of 1988 on the file of Judicial First Class Magistrate, Palakonda was ended in acquittal against which an appeal is preferred and against that no cause survives. He contends that for the harassment meted out and looting the house of the petitioners by the police of Rajam Police Station, the Superintendent of Police, Srikakulam District filed a counter affidavit stating that he made an enquiry into the allegations made in the complaint and those allegations are found to be false. Since the allegations made in the complaint discloses a cognizable offence, the Superintendent of Police, Srikakulam District should have forwarded the complaint made by the first petitioner to this Court, to the concerned police station, for investigation into the matter. Since the allegations made in the complaint are against the police officials, the petitioners cannot be driven to file a private complaint against them. Inasmuch as the complaint made by the petitioners to this Court is dated 28.3.2000 on which basis the present writ petition is taken up, it is directed that the Superintendent of Police, Srikakulam District shall consider the complaint allegations made by the petitioners herein and forward the same to the concerned police Station for conducting necessary investigation or he himself can cause an enquiry into the complaint allegations and direct the police concerned to file a report in the above complaint before the competent Criminal Court and the same shall be intimated to the first petitioner. The entire process shall be completed within a period of four months from the date of receipt of a copy of this order. On filing such report, since the second petitioner is no more, the first petitioner is at liberty to avail remedies available to her. The Superintendent of Police, Srikakulam District shall report compliance of the order to the Registrar (Judicial) of this Court. The writ petition is disposed of with the above directions. No costs. ________________ A. GOPAL REDDY, J. _______________________ B.SESHASAYANA REDDY, J. 03.03.2008 Note: Office to mark a copy of this order To the Superintendent of Police, Srikakulam District forthwith. (B/o) Tsr. To 1 The S.H.O.,Palakonda (PS), Srikakulam District. 2 The Sub-Inspector of Police, Palakonda (PS), Srikakulam District. 3 The Circle Inspector of Police, Palakonda (PS), Srikakulam District. 4 The Deputy Superintendent of Police, Palakonda (PS), Srikakulam District. 5 The S.H.O., Rajam (PS), Srikakulam District. 6 The Sub-Inspector of Police, Rajam (PS), Srikakulam District. 7 The Circle Inspector of Police, Rajam (PS), Srikakulam District. 8 The Deputy Superintendent of Police, Rajam (PS), Srikakulam District. 9 The Superintendent of Police, Srikakulam. Srikakulam District, 10 The Director General of Police, Government of Andhra Pradesh, Hyderabad. 11 The Secretary of the Governmet of A.P. Home (Police) Dept., Secretariat, Hyderabad. 12 Sub Divisional Magistrate, Palakonda, 13 Two C.Cs. to G.P. for Home, High Court Buildings, (OUT) 14. Two C.D. copies.