IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4423 of 2009 Between: Thuluri Veer Raju S/o. Tatayya R/o. Muramanda Village, Kadiyam Mandal, E.G. District. ..... PETITIONER AND 1 The Superintendent of Police Kakinada East Godavari District. 2 The Station House Officer Kadiyam P.S. Kadiyam Mandal, East Godavari District. 3 Kothapalli Raj Kumar S/o. Abdul Sayyad R/o. Balajipeta, Rajahmundry, East Godavari District. ...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 appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent police in interfering with the civil dispute relating to land to an extent of 0.80 cents in Sy.No. 259 of Muramanda Village, Kadiyam Mandal, East Godavari Dist. which is subject matter of ATC proceedings between the petitioner and the 3rd respondent as wholly illegal, arbitrary and without jurisdiction and consequently direct the 2nd respondent not interfere with the civil disputes between the petitioner and the 3rd respondent in the interest of justice. Counsel for the Petitioner: MR.K.VENKATESH Counsel for the Respondent No.: GP FOR HOME The Court made the following : ORDER: This writ petition is filed questioning the action of the 2nd respondent – Station House Officer, Kadiyam P.S. Kadiyam Mandal, East Godavari District police in interfering in the civil disputes with reference to the land in an extent of Ac.0.80 cents in S.No.259 of Muramanda Village, Kadiyam Mandal, East Godavari District pending ATC proceedings between the petitioner and the 3rd respondent. In response to the writ allegations, the 2nd respondent has filed a counter affidavit stating that the 3rd respondent filed a complaint against the petitioners and others on 13.11.2008 and the same is registered as Cr.No.183 of 2008 under Sections 447 and 506 read with 34 IPC. After registering the crime, the then Sub-Inspector of Police, Kadiyam has taken up the investigation and the Investigation Officer examined 5 witnesses and recorded their statements under Section 161 Cr.P.C. Prima facie case is made out against the petitioner herein and others and all the accused obtained anticipatory bail from the 1st Additional Sessions Judge, East Godavari District at Rajahmundry on 25.11.2008. It is also stated that charge sheet was also filed before the Court below and the same is taken on file vide CC No.54 of 2009. It is further stated that the petitioner herein has also filed a private complaint under Section 200 Cr.P.C. against the 3rd respondent herein and others before the VII Additional Judicial First Class Magistrate at Rajahmundry and on receipt of the court endorsement, the police registered the private complaint of the petitioner as a case in Crime No.202 of 2008 under Sections 427, 447, 379, 323, 506 read with 34 IPC on 11.11.2008 and investigated into and the Investigation Officer is going to refer the private complaint of the petitioner as a false one. Ultimately it is stated that except registration of the crimes against the petitioner herein and the 3rd respondent, the respondent police never interfered with the civil disputes between them. In view of the above counter averments, I see no reasons to interfere in the matter. Recording the said statements, the writ petition is closed. N.V.RAMANA,J Dt.23.3.2009 msv