IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5532 of 2009 Between: 1 Kishan Gupta S/o.late Lakshmi Chand R/o. Flat No.408, Indralok Complex, Road No.8, Banjarahills, Hyderabad. 2 S.Basheer Ahmed S/o.Mr.S.Manzoor R/o.H.No.4-1-862, Abids, Hyderabad. 3 S.Zaheer Ahmed S/o. Basheer Ahmed R/o.H.No.4-1-862, Abids, Hyderabad. ..... PETITIONER(S) AND 1 The Commissioner of Police, Hyderabad having office at Basheerbagh, Hyderabad. 2 The Assistant Commissioner of Police, P.S. Asif Nagar, Hyderabad. 3 The Station House Officer, P.S. Asif Nagar, Hyderabad. 4 L.Ramana Reddy S/o.Krishna Reddy R/o.No.B-16/1, Karol Bagh, Mehdipatnam, Hyderabad. ....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 issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the high handed action of the respondents 2 and 3in trying to settle the civil dispute which is relating to the case vide OS 119 of 2007 pending on the file of the Chief Judge, CCC, Hyderabad filed by the petitioners against the 4th respondent and others is highly illegal, arbitrary, unconstitutional and violation of principles of natural justice and consequently direct the respondents 2 and 3 not to pressurize the petitioners to settle the matter with the 4th respondent.. Counsel for the Petitioner: MR.MOHD.MOIN AHMED QUADRI Counsel for the Respondent No.: GP FOR HOME The Court made the following : Order: This writ petition is filed by the petitioners aggrieved by the action of respondents 2 and 3 in trying to settle the civil dispute in regard to the subject matter of property in O.S.No.119 of 2007 pending on the file of the Chief Judge, City Civil Court, Hyderabad, which was filed by the petitioner against the 4th respondent herein. Heard the learned counsel for the petitioner and the learned Government Pleader for Home. The main grievance of the petitioner is that respondents 2 and 3 are pressurizing them to settle the matter with the 4th respondent in respect of the subject matter of property in O.S.No.119 of 2007. In response to the writ allegations, the 2nd respondent – Assistant Commissioner of Police, Asifnagar Division, Hyderabad has filed a detailed counter affidavit inter alia stating that on 8.3.2009 a complaint was lodged by one Yellappa with the Humayunnagar police stating that on 8.3.2009 at about 21.00 hours one person by name Gupta along with 10 other persons entered his residence and wrote something on the wall and when he objected for the same, they beat him and abused him in filthy language by touching his caste and later his car driver drove the car upon his wife due to which she suffered injuries to her legs and requested the police to take necessary action. The said complaint was registered as Cr.No.133 of 2009 under Section 3(I)(x) of SC/ST (Prevention of Attrocities) Act, 1989 and 279 IPC and as per the instructions of the Commissioner of Police, Hyderabad City, he has taken up the investigation. The petitioner herein was shown as A1 in the above said crime. During the course of investigation, five witnesses were examined and their statements were recorded and some more witnesses are required to be examined. It is also stated by the 2nd respondent that except registering the above said crime, he has never interfered with the civil dispute as alleged by the petitioner. Knowing that a case is registered against him and to divert the attention of the investigating agency, the petitioner has filed this writ petition leveling baseless allegations against the police. In view of the above counter averments, I see no reasons to interfere in the matter. Recording the counter averments, the writ petition is closed. N.V.RAMANA,J DT.25.3.2009 msv