IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY TUESDAY, THE SECOND DAY OF JUNE, TWO THOUSAND NINE ONLY WRIT PETITION No.5988 of 2009 Between: G.Srinivas. … Petitioner. And The Circle Inspector of Police, Rajendranagar P.S., Cyberbad, R.R.District and five others. … Respondents Counsel for the petitioner: Sri V.Eswaraiah Chowdary. Counsel for the respondents: AGP for Home. This Court made the following: ORDER:- This Writ Petition is filed for a Writ of Mandamus to declare the inaction of respondents 1 and 2 in taking action against respondents 3 to 6 in Crime No.1414 of 2008, as illegal and arbitrary. The father of the petitioner died in suspicious circumstances. The Police registered Crime No.822 of 2008 under Section 174 IPC showing the cause of death as suicide. When the petitioner sought to file a complaint before the Police, no action was taken thereon. Therefore, he filed a private complaint on 13- 10-2008 before the VIII Metropolitan Magistrate, Rajendranagar, Cyberabad, against respondents 3 to 6 for the offence punishable under Sections 302 and 201 read with Sec.34 IPC, which was referred to respondents 1 and 2 under Section 156(3) Cr.P.C. After conducting investigation, the Police registered the same as Cr.No.1414 of 2008 on 16-12- 2008. The grievance of the petitioner is that the Police are not making any headway in the investigation and no charge sheet is filed. In the counter-affidavit filed by respondent No.1- the Inspector of Police, Rajendranagar Police Station, it i s , inter alia, mentioned that after registering Crime No.822 of 2008 under Section 174 Cr.P.C., the Police registered a fresh case as Crime No.1414 of 2008 after the learned Magistrate referred the private complaint under Section 156(3) Cr.P.C., that after completion of investigation respondent No.1 addressed letter dated 10-4-2009 to the Commissioner of Police, Cyberabad Commissionerate, seeking proposals to refer the private complaint of the petitioner as false. Respondent No.1 also filed copies of final report in FIR No.822 of 2008. From the contents of the counter-affidavit it is evident that the Police formed the opinion, after investigation, that the private complaint filed by the petitioner is false. It is also evident that the Police are intending to file a final report before the jurisdictional Magistrate to the above effect. The learned Assistant Government Pleader for Home says that so far no such final report has been filed. In the above facts and circumstances, the Writ Petition is disposed of with the direction to respondents 1 and 2 to file the final report in Crime No.1414 of 2008 within a period of four weeks from the date of receipt of a copy of this order. The petitioner is left free to file an objection/protest petition before the jurisdictional Magistrate to the final report and avail appropriate legal remedies in this regard. Subject to the above observations, the Writ Petition is disposed of. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:02-6-2009 MNR