THE HON’BLE SRI JUSTICE G.CHANDRAIAH Dated this the 5th day of October 2009. Writ Petition No. 21474 of 2008. Between: 1.V.Narasimha Gupta and another. ……..Petitioners. vs. 1.The SHO, Pahadi Shareef Police Station, Hyderabad and another. ……..Respondents. THE HON’BLE SRI JUSTICE G.CHANDRAIAH Writ Petition No. 21474 of 2008. ORAL ORDER: This writ petition is filed seeking for a direction or order or a writ more particularly one in the nature of a writ of Mandamus declaring the action of the 1st respondent in not investigating the Cr.No. 211 of 2008 and not arresting the accused is illegal and arbitrary and consequently direct him to investigate the above crime and arrest the accused forthwith. The case petitioner is that they purchased land to an extent of 1573 sq. yards in S.No. 52/1 of Balapur village, Saroornagar Mandal, Ranga Reddy District from Smt.Tallari Sattemma and Tallari Srisailam under a registered Agreement of sale-cum- G.P.A. with Possession vide Document No. 2692 of 2007 dt. 21.2.2007 by paying total sale consideration and on the very same day, the vendors handed over the Pattadar Passbooks and other documents and also delivered vacant possession of the land. While so, some third parties namely Narasimha Reddy, Govinda Reddy and Babu Rao have started interfering with their peaceful possession and enjoyment of the property purchased and they could be able to resist their high handed action. On 29.2.2008, the above said persons got published a public notice making all false allegations against the petitioners but the names of their vendors are not shown in the said notice. It has come to light that their vendors and the above said persons hatched a plan to cause wrongful loss to them and are planning to cancel the GPA dt. 21.2.2007 with all false allegations and in the circumstances, the petitioners lodged a complaint with the 1st respondent on 22.2.2008 against the above said persons but no action was taken. The petitioners also lodged another complaint on 5.3.2008 with the 2nd respondent against the above said persons which was acknowledged vide receipt No. 92 dt. 5.3.2008 but no action was taken even on the 2nd complaint also. On coming to know about the lodging of the complaint, the vendors cancelled the GPA on 15.4.2008 and questioning the cancellation, the petitioners filed W.P.No. 9220 of 2008 before this Court and this Court admitted the writ petition and suspended the Deed of Cancellation on 15.4.2008. Further case of the petitioners is that they filed W.P.No. 1031 of 2008 against the inaction of the respondents 1 and 2 in registering a crime against the above said persons but the said writ petition was dismissed directing the petitioners to avail alternative remedy of filing a private complaint under Section 200 Cr.P.C. before the competent criminal court. Accordingly, the petitioners filed a private complaint before the II Metropolitan Magistrate, Cyberabad, Ranga Reddy and the II Metropolitan Magistrate, Cyberabad referred the private complaint to the police for investigation and report under Section 156(3) Cr.P.C. On receipt of the complaint, the 1st respondent registered a case in Cr.No. 211 of 2008 on 23.5.2008 under Sections 406, 420 and 120-B IPC against the above said persons and thereafter, the 1st respondent called the petitioners and recorded their statements and assured them that he would arrest the accused. The grievance of the petitioners is that though four months lapsed from the date of recording of their statements, the accused are not arrested inspite of the fact that the offences registered against them are non-bailable and it is also alleged that the respondents are extending help to the accused. Further case of the petitioners is that a false complaint was lodged against them by a third party and the 1st respondent immediately registered a case in Cr.No. 313 of 2008 against them for the bailable offences. In the circumstances, the petitioners are before this Court for the relief already adverted to above. The learned Government Pleader for Home on written instructions submits that the petitioners lodged a private complaint against Smt. Tallari Sattemma and five others before the II Metropolitan Magistrate, Cyberabad which was referred to the 1st respondent for investigation and report and on receipt of the complaint, a case in Cr.No. 211 of 2008 under Sections 406, 420 and 120-B IPC was registered against the accused and investigation was entrusted to the ASI of police. It is further submitted that the investigation is still pending for collection of evidence and prima facie case is yet to be established against the accused to take action against them. Since prima facie case is not yet established against the accused, they are not arrested so far. It is further submitted that the petitioners have filed the present writ petition only to pressurize the police to see that the accused are to be arrested. He further submitted that the investigation in Cr.No. 211 of 2008 is still pending and action will be taken against the accused basing on the evidence collected against them Having regard to the submission made by the learned Government Pleader, the writ petition is disposed of directing the respondents to take action against the accused in Cr.No. 211 of 2008 in accordance with law. There shall be no order as to costs. ___________________ G.CHANDRAIAH,J 5.10.2009. KRB. THE HON’BLE SRI JUSTICE G.CHANDRAIAH Writ Petition No. 21474 of 2008. Dated 5.10.2009.