THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.25429 of 2008 ORDER: This writ petition is filed seeking a mandamus declaring the action of the third respondent in filing a final report as civil nature, as arbitrary, illegal and violative of principles of natural justice and consequently, direct the respondents to entrust the matter to any independent agency like CID or CCS for fresh investigation in Crime No.133 of 2007 on the file of the learned Chief Metropolitan Magistrate, Hyderabad. According to the petitioner, it is the de facto complainant in the complaint lodged with the third respondent on 15.03.2007 in respect of a theft committed in the premises of the Company, under Sections 382, 451 and 452 IPC. As no action was initiated thereon, a private complaint under Section 200 Cr.P.C. was filed before the learned Magistrate, who in turn, referred the same to the Police Station concerned. It appears, the Police concerned registered the private complaint as a case in Crime No.133 of 2007 and after due enquiry into the same, submitted a final report holding that the matter is of civil nature and there is no crime arising for taking cognizance of it. But, the learned Magistrate has not taken any decision as on today in view of the fact that this Court directed that the final report should not be given effect to. In fact, if the police have not investigated the crime properly and filed a false report before the competent criminal Court, it is always open for the petitioner to file a protest petition and thereupon, it is for the competent criminal Court to take a decision as to ordering the police to conduct fresh enquiry or not. Under those circumstances, the writ petition is disposed of, permitting the petitioner to file a protest petition against the final report filed by the police in FIR.No.133 of 2007 and on filing such protest petition, the competent criminal Court shall decide the matter on its own merits and pass appropriate orders. No costs. ________________ C.V.RAMULU, J 7th SEPTEMBER, 2010. kvni