THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.867 of 2011 ORDER: This writ petition is filed seeking a mandamus declaring the action of respondents 5 and 6, police officers, in preventing the petitioner and his wife and children in residing in house bearing No.21-1-576 situated at Ricab Gunj, Hyderabad, as illegal and arbitrary. It is the case of the petitioner that property bearing Municipal No.21-1-576 situated at Ricab Gunj, Hyderabad, was owned by his father, who died on 17.01.2011 leaving behind him and respondents 7 to 11. It is stated that the petitioner filed O.S.No.2595 of 2010 against his mother, sisters and brother and the same is pending. It is the grievance of the petitioner that though he is in possession of house bearing No.21-1-576 situated at Ricab Gunj, Hyderabad, respondents 5 and 6 are interfering with his possession illegally and arbitrarily and are threatening him that he should not reside in the above said premises. When the matter came up on 24.01.2011, it was adjourned to 31.01.2011 to enable the learned Government Pleader for Home appearing for respondents 1 to 6 to get instructions. Thereafter, the matter was adjourned to 07.02.2011 and today. When the matter is taken up today, it is submitted by the learned Assistant Government Pleader for Home appearing for respondents 1 to 6, based on the written instructions sent by the fourth respondent - Inspector of Police, Charminar Police Station, Hyderabad City, that the petitioner’s mother, seventh respondent herein, has lodged a complaint against the petitioner and his wife stating that they beat her and they are harassing her, using her as domestic servant and abusing her in filthy language. Based on such complaint, a case was registered in Crime No.2 of 2011 under Sections 448, 323, 506 IPC read with 34 IPC on the file of Charminar Police Station on 03.01.2011. It is further submitted that in the said crime, the petitioner herein was shown as A.1, investigation is in progress, four witnesses were examined including the complainant and their statements were recorded and all the witnesses corroborated the facts in the FIR and that based on such evidence, the petitioner and his wife, who are A.1 and A.2, were arrested on 12.01.2011 and remanded to judicial custody, and they are enlarged on bail and that A.3 to A.6 are yet to be arrested and the special team is constituted to take steps to arrest them. It is also submitted that the police are investigating into the crime but they are not interfering with the possession of the petitioner as alleged and that only to divert the attention of the investigating agency, the petitioner has approached this Court with false averments. Whenever a complaint is lodged, it is the duty of the police to investigate into the same as expeditiously as possible. In view of the submission made by the learned Assistant Government Pleader for Home appearing for respondents 1 to 6 that the police are only investigating into the crime but they are not interfering with the civil disputes, I am of the opinion that the investigation into Crime No.2 of 2011 cannot be termed as an interference by respondents 5 and 6 with the possession of the petitioner over the property in question. The writ petition is accordingly dismissed. No order as to costs. _______________________ R.SUBHASH REDDY, J 11th FEBRUARY, 2011. kvni