THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.25201 of 2009 ORDER: This writ petition is filed seeking a mandamus to declare the action of the respondents in insisting the petitioner to give up his claim in O.S.No.237 of 2009, which is pending on the file of IV Additional District Judge, Visakhapatnam, as illegal and arbitrary. United Baptist Church, Gajuwaka (for short ‘the Church’) is affiliated to Canadian Baptist Churches of Northern Cirears. It is the claim of the petitioner that he is the Chairman of Deacon Board – Executive Committee and was elected as President of the Church in 2008. It is submitted that when respondents 4 to 7 are interfering and disputing his Presidentship, he filed O.S.No.237 of 2009 seeking declaration that the Deacon Board represented by him alone is competent and authorized to manage the affairs of the Church and with the consequential relief to restrain the defendants from interfering with his activities during the tenure of his office. It is the grievance of the petitioner that respondents 4 to 7 are interfering and insisting him to withdraw O.S.No.237 of 2009, which is pending in the Court of IV Additional District Judge, Visakhapatnam. On instructions, it is submitted by the learned Assistant Government Pleader for Home appearing for respondents 1 to 3 that the building of the Church was constructed in D-Form patta land in 1974. It is further submitted that previously, the petitioner was the Chairman of the Executive Committee. As some of the members were not happy with the acts of the petitioner, they have convened a general body meeting, in which, one Davidson was elected as President along with other members. It is further submitted that on 15.11.2009, Sri G.Mojes Kumar, Pastor of the Church filed a complaint against the petitioner and 21 others stating that from 26.10.2009 onwards, huge amount of Rs.7,05,000/- was withdrawn from ING Vysya Bank from the Church account and the said money was misappropriated. In that context, a case in Crime No.542 of 2009 was registered against the petitioner and 21 others for the offences under Sections 420, 406, 352, 323, 506 and 120-B IPC read with 34 IPC. It is further stated that a case in Crime No.543 of 2009 was registered for the offences under Sections 352, 354, 323, 506 IPC read with 34 IPC based on the complaint given by one K.Santhamma against other group members. It is further stated that in view of violation of law and order by two groups at the Church, the proceedings were initiated under Section 107 Cr.P.C. vide Crime No.522 of 2009 and some of the respondents were also bound over in the Court. It is also stated that in view of the law and order problem, the police went there for investigation and as such, there is no interference by them as alleged by the petitioner. In view of rival complaints, which were registered as Crime Nos.542 and 543 of 2009, and when there was law and order problem at the Church, the official respondents went there to maintain law and order, as such, the same cannot be construed as interference. In view of the fact that the official respondents have stated that there is no harassment by them towards the petitioner and they are not insisting him for withdrawal of O.S.No.237 of 2009, I deem it appropriate to direct the official respondents to proceed with the investigation in the crimes referred to above in accordance with law but at the same time, the petitioner shall not be insisted for withdrawal of the suit. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 5th JULY, 2010. kvni