IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 14633 of 2009 Between: G. Joel Vijay Raj, S/o. G. James Robert R/o. H.No. 12-7-127, Muskipet, Moosapet, Kukatpally, Hyderabad. ..... PETITIONER AND The Station House Officer, Sanathnagar Police Station, Sanathnagar, Hyderabad. .....RESPONDENT 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 any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent herein not conducting investigation in Crime No. 490/2008 of Sanathnagar Police Station Offences U/s. 452, 424, 503, 504 & 509 IPC as illegal, arbitrary, arbitrary, and void abinitio and violative of due procedure of law and besides violative of principles of natural justice and consequently direct the respondent herein to conduct investigation and file final report before the Hon'ble IX Addl. Metropolitan Magistrate, Miyapur, Kukatpally, Cyberabad Counsel for the Petitioner:MR.S.CHALAPATHI RAO Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 14633 of 2009 ORDER: The petitioner approached this court and filed the present Writ Petition with the following prayer: For the reasons stated in the accompanying affidavit, the petitioner prays that the Hon’ble Court may be pleased to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent herein not conducting investigation in Crime No. 490/2008 of Sanathnagar Police Station Offences U/s. 452, 424, 503, 504 & 509 IPC as illegal, arbitrary, arbitrary, and void abinitio and violative of due procedure of law and besides violative of principles of natural justice and consequently direct the respondent herein to conduct investigation and file final report before the Hon'ble IX Addl. Metropolitan Magistrate, Miyapur, Kukatpally, Cyberabad and pass such other order or orders as this Hon’ble Court deems fit and proper in the circumstances of the case. The learned Assistant Government Pleader filed a detailed counter wherein it is stated that the present Cr.No.490 of 2008 has been investigated into and after recording the evidence of the witnesses etc., the police opined that it is purely of civil nature and accordingly a final report was also submitted in the court of the IX Additional Metropolitan Magistrate, Miyapur, Kukatpally, Cyberabad. In the light of the said subsequent development, this Court is of the view that no orders can be passed in this Writ Petition and if the petitioner has any grievance he may approach the court of the IX Additional Metropolitan Magistrate, Miyapur, Kukatpally, Cyberabad and file a protest petition as provided for under Cr.P.C. The Writ Petition is accordingly dismissed. No order as to costs. -------------------- 06.8.2009 kvsn