HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2759 OF 2010 Date: 8th July 2010 Between: Smt. G. Siva Parvathi. … Petitioner And The Superintendent of Police,Guntur District & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2759 OF 2010 ORDER: The petitioner, who claims to be the Director in J.E.S. Educational Society, which is running St.Peter’s School at Yadavapalem in Bapatla of Guntur District, has filed this writ petition, questioning the action of respondent-Police in interfering with the day-to-day activities of the school, at the instance of respondents 4 and 5. It is the case of the petitioner that she obtained loan amount from the 4th respondent by mortgaging her property on 20th of May 2009 and also secured further loans from the 5th respondent to meet the day-to-day expenses of administration of the school and paid substantial amounts to the said persons. But, inspite of the same, at the instance of respondents 4 and 5, respondents 1 to 3 are interfering and coercing the petitioner to pay the amounts, which are due to respondents 4 and 5. On written instructions, it is submitted by the learned Government Pleader appearing for respondents that one Karumuri Narayana Rao has filed a private complaint before the learned Judicial First Class Magistrate, Bapatla, against the petitioner herein, for the alleged offence under Section 420 of IPC. It is submitted that in the aforesaid complaint, dated 03.11.2009, it is stated by the complainant that the petitioner is running a school and she agreed to sell the same for an amount of Rs.12 lakhs and received Rs.10 lakhs in advance and executed an agreement on 26th of March 2009, and thereafter, she came forward with a plea to repay the same with interest at the rate of 24% per annum. It is further stated that without paying the said amount, same property was mortgaged in favour of respondent No.4, but inspite of the same, the said amount of Rs.10 lakhs was not paid, and thus, cheated him. Based on the above said complaint, the matter was referred for investigation under Section 156(3) Cr.P.C., and based on the same, a case in Crime No.256 of 2009 was registered on the file of the Bapatla Town P.S., against the petitioner and the matter is under investigation. It is stated that in the process of investigation, efforts were made to trace out the accused/petitioner, who is the Director-cum-Principal of the school, but so far, her whereabouts are not known in Bapatla town and ever since the registration of said case, the petitioner/accused is not found in her house or in Bapatla town, as such, after conducting further investigation, appropriate steps will be taken by the respondent-Police. A copy of the private complaint is placed before this Court, which was filed by Sri K.Narayana Rao on 03.11.2009, before the Judicial First Class Magistrate, Bapatla. Thereafter, when the matter was referred to the Police for investigation, a crime was registered in Crime No.256 of 2009 on 10.11.2009, and investigation was taken up. This writ petition is filed on 9th February 2010, alleging interference by the respondent-Police. When there is a complaint against the petitioner, it is the lawful duty of the Police to conduct investigation and to file final report. In that view of the matter, it cannot be said that the respondents are coercing the petitioner to pay the amounts. It is further stated that after registration of the case, petitioner is not available for investigation and her whereabouts are also not known. Asmuch as the investigation is being done by the Police on a reference made by the Court on the private complaint filed by one Sri Narayana Rao, in that view of the matter, it cannot be said that there is interference by the Police, so as to entertain this writ petition for grant of relief as prayed for. The writ petition is devoid of merit and it is accordingly dismissed. No order as to costs. ______________________ R. SUBHASH REDDY, J 8th July 2010 ajr