IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT APPEAL NO. 1416 OF 2009 Between: Shaik Adam ..... APPELLANT AND The Govt. of Andhra Pradesh, Rep. By the Chief Secretary, Secretariat, Hyderabad and others .....RESPONDENTS The Court made the following : THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT APPEAL NO. 1416 OF 2004 JUDGMENT: (Per the Hon’ble Smt. Justice T.Meena Kumari ) This appeal is filed by the writ petitioner aggrieved by the order dated 03.06.2009 passed by a learned Single Judge in W.P. No.24824 of 1998 dismissing the same. The singular grievance of the appellant before the learned Single Judge was the failure of the police in completing investigation and filing charge sheet in Cr. No. 211 of 2005 of Police Station, Peddakakani, Guntur District. The appellant herein filed a complaint before the VI Addl. Munsif Magistrate, Guntur, which was forwarded to the fifth respondent Police, pursuant to which they registered the above crime. It is case of the fifth respondent that the detailed investigation into the crime revealed that the case of the appellant is purely civil in nature and therefore a final report was filed before the court of VI Addl. Judicial Magistrate of First Class, Guntur, referring the case as civil in nature. The learned Single Judge in the above premise dismissed the writ petition as infructuous holding that no cause of action survives for adjudication, however, with a liberty to file a protest petition before the jurisdictional Magistrate. Aggrieved by the same, the present writ appeal is filed by the writ petitioner among other grounds contending that the fifth respondent ought not to have suppressed the factum of return of charge sheet by the VI Addl. Munsif Magistrate, Guntur, in the counter filed in the above writ petition. It is further case of the appellant that he is precluded from filing even protest petition, inasmuch the charge sheet that was already filed and returned, was neither resubmitted nor copy of the said charge sheet was served on him. The factum of filing final report before the court of VI Additional Judicial Magistrate of First Class, Guntur by the fifth respondent herein in the above crime, referring the case as of civil nature, is not controverted. The grievance of the appellant that copy of the charge sheet/final report was not served on him has to be agitated before the appropriate forum. In the facts and circumstances of the case, we make it clear that the order of the learned Single Judge is no bar for the appellant to approach appropriate forum. Therefore, leaving it open to the appellant to avail the remedies open in law, we dispose of the Writ Appeal. No order as to costs. _____________________ Justice T. Meena Kumari __________________ Justice Sanjay Kumar December 17, 2009 MAS