IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 25073 of 2007 Between: Jasthi Surendra Bhuvana Chakravarthy, S/o.Jasti Ramesh Chakravarthy, R/o.Door No.21-6-14, Veliveti Veedhi, Town Hall Back Side Tanuku-534211, West Godavari Dist ..... PETITIONER AND 1 The Superintendent Of Police, West Godavari Dist Eluru 2 The Sub-Divisional Police Officer, Kovvur,W.G Dist 3 The Sation House Officer, Tanuku Town Police Station,Tanuku, W.G Dist .....RESPONDENTS Counsel for the Petitioner: MR.V.L.SURENDRA Counsel for the Respondents: AGP FOR HOME The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to declare the inaction of the respondents in completing investigation and filing charge sheet in Crime No.31 of 2007 as illegal and arbitrary. The petitioner sought for a consequential direction to arrest the accused in Crime No.31 of 2007, complete the investigation and file the charge sheet. Heard Sri V.L.Surendra, learned counsel for the petitioner and the learned Assistant Government Pleader for Home for the respondents and perused the record. The record shows that there is a case and counter-case by and against the petitioner. While he is an accused in Crime No.30 of 2007, on the complaint of the petitioner, Crime No.31 of 2007 under Sections 354 and 307 IPC read with Section 34 IPC was registered on 20.02.2007 by respondent No.3. The grievance of the petitioner is that having registered the said crime, respondent Nos.2 and 3 are not properly investigating and filing charge sheet in collusion with the accused in the said crime. In the counter affidavit filed by the Sub-Inspector of Police of respondent No.3 Police Station, it is averred that the investigation held into the crime revealed that except the petitioner, none of the witnesses corroborated the facts mentioned in the complaint and hence, no arrest was made. It is further stated that while charge sheet in Crime No.30 of 2007, in which the petitioner is accused, is filed, the final report is being filed shortly in Crime No.31 of 2007. Though the learned counsel for the petitioner advanced arguments on the falsity of the claim of the respondents that no case is made out, I am not inclined to give any finding there on, because in the event of filing of a final report, the petitioner will have the right of filing a protest application before the jurisdictional Magistrate. Since respondent No.3 undertook to file appropriate report before the jurisdictional Magistrate, the writ petition is disposed of with the direction to him to file the same within a period of three (3) weeks from the date of receipt of a copy of this order. Liberty is given to the petitioner to approach the jurisdictional Magistrate with a protest application as and when a report is filed by the police. As a sequel to disposal of main petition, WPMP.No.32679 of 2007 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 24th APRIL, 2008 kvni