IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 16865 of 2008 Between: 1 Bonthala Hussainamma W/o. Bonthala Chenchanna R/o. Thodendla Palli Village, Chagalamarri Mandal, Kurnool District. 2 Bonthala Chenchanna S/o. Sankaranna R/o. Thodendla Palli Village, Chagalamarri Mandal, Kurnool District. ..... PETITIONERS AND 1 The Govt. of A.P. rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad. 2 The Superintendent of Police, Kurnool, Kurnool District. 3 The Sub-Insepctor of Police, P.S. Chagalamarri, Kurnool District. 4 U. Lakshumaiah, Sub-Insepctor of Police, P.S. Chagalamarri, Kurnool District. 5 Badri Chinna Venkata Ramaiah S/o. Laxmanna R/o. Thodendlapalli Village, Chagalamarri Mandal, Kurnool District. 6 Badri Srinivasulu S/o. Laxmanna R/o. Thodendlapalli Village, Chagalamarri Mandal, Kurnool District. 7 Madam Tirupal R/o. Thodendlapalli Village, Chagalamarri Mandal, Kurnool District. 8 Badri Venkata Ramudu S/o. Laxmanna R/o. Thodendlapalli Village, Chagalamarri Mandal, Kurnool District. .....RESPONDENTS 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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents 1 to 3 in taking action on the petitioners complaint dated 26.06.2008 and 19.04.2008 against the respondents 4 to 8 and inspite of the 1st respondent Memo No.5592/Leg.I/2006-4, dated 13.03.2008, as illegal, arbitrary, unjust and violation of Article 14, 16 and 21 of Constiution of India and consequently direct the respondents 1 to 3 to register the FIR cause arrest and to investigate into the complaint given by petitioners dated 26.06.2008 and 19.04.2008, as otherwise petitioners will continue to suﬀer serious threat to their life and property and pass Counsel for the Petitioner:MR.CHALLASIVASANKAR Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON’BLE MS JUSTICE G.ROHINI W.P.NO.16865 OF 2008 ORDER This writ petition is ﬁled seeking a declaration that the action of the respondents 1 to 3 in not taking action on the complaints of the petitioners dated.26-06-2008 and 19-04- 2008 against the respondent No.4 herein as arbitrary and illegal. The petitioners also sought a consequential direction to the respondents 1 to 3 to register the First Information Report and investigate into the same on the basis of the above said complaints made by the petitioners. In response to the notice ordered by this Court, the Sub-Inspector of Police, Chagalamarri P.S., Kurnool District ﬁled a counter-aﬃdavit stating that the petitioners sent a complaint dated.26-06-2008 to the Superintendent of Police, Kurnool by post and the same was referred to the Inspector of Police, Allagadda. After making the necessary enquiry, Cr.No.74 of 2008 has been registered on 01-09-2008 for the oﬀence punishable under Sections.323,509 r/w.34 of IPC and the investigation is under progress. So far as the complaint dated.19-04-2008 is concerned, it is stated that on the basis of the very same allegation the petitioners ﬁled a petition dated.18-05-2008 before the State Human Rights Commission and that after enquiry into the allegations the Inspector of Police, Allagadda having found that the allegations were false submitted a report on 06-06- 2008 before the State Human Rights Commission, Hyderabad. Heard the learned counsel for the both parties, Having regard to the admitted fact that after ﬁling this writ petition Cr.No.74 of 2008 has been registered on the basis of the complaint of the petitioners dated.26-06-2008 and investigation is in progress, no further enquiry is necessary in this writ petition. Accordingly the writ petition is disposed of with a direction to the investigating oﬃcer to proceed with the investigation and take appropriate action in accordance with law. No costs. _____________ G.ROHINI,J 5th November,2008 *TSNR