THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.20955 of 2009 Dated 25th July, 2011 Between: Matta Raju …Petitioner And The Superintendent of Police, Kakinada, East Godavari District and others …Respondents Counsel for the petitioner: Sri B.P.Raju Counsel for respondent Nos.1 to 4: AGP for Home Counsel for respondent Nos.5 to 7: Sri K.Gani Reddy The Court made the following: ORDER: At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a mandamus to declare the action of respondent Nos.1 to 4 in not arresting respondent Nos.5 to 7 in connection with the petitioner’s complaint as illegal and arbitrary. According to the petitioner, respondent Nos.5 to 7 have committed theft of 5,000 coconuts worth Rs.15,000/- by trespassing into his agricultural land, that as the police have not registered a criminal case on his complaint, he has filed a private complaint in the Court of the Judicial Magistrate of First Class, Mummidivaram, East Godavari District and that even though four months have elapsed from the time of the learned Magistrate referring the complaint to the police under Section 156(3) of Cr.P.C., no action is taken so far either to register the case or to arrest the accused. At the hearing, the learned Assistant Government Pleader for Home, on instructions, submitted that after reference of the complaint by the learned Magistrate, Crime No.56 of 2009 was registered against respondent Nos.5 to 7 and that the investigation into the crime disclosed that no offences as alleged by the petitioner were committed. She further stated that there was proposal by the police to submit an appropriate report and that she has no information as to whether such a report has been filed or not. In the light of the above noted submissions of the learned Assistant Government Pleader, the writ petition is disposed of with the direction to respondent No.3 to file an appropriate report in Crime No.56 of 2009 before the jurisdictional Magistrate within a period of two months from the date of receipt of a copy of this order, if not already done. If the petitioner feels aggrieved by such report, he shall be free to avail appropriate remedy under law. As a sequel to disposal of the writ petition, W.P.M.P.No.27264 of 2009 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 25th July, 2011 VGB