IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 25683 of 2003 BETWEEN: 1 Nalla Venkateswara Rao S/o late Satyanarayana, R/o D.No.67-11- 172, Nallavari Street, Lal Bahadoor Nagar, Kakinada. 2 Nalla Suryavathi S/o Venkateswara Rao, R/o D.No.67-11-172, Nallavari Street, Lal Bahadoor Nagar, Kakinada. ... PETITIONERS AND 1 The Deputy Superintendent of Police, Kakinada, East Godavari District. 2 The Circle Inspector of Police, Kakinada (Urban), East Godavari District. 3 Sub Inspector of Police, Ii Town (L&O), Police Station, Kakinada, East Godavari District. 4 Konda Krishnam Raju, S/o Venkata Raju, R/o D.No.3-16-87, Gazetted Officer's Colony, Shantinagar, Kakinada, East Godavari District. 5 Shaik Sharifuddin, Kakinada, East Godavari District. 6 Avula Subba Rao, Kakinada, East Godavari District. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the 1st and 2nd respondents in seeking to settle the civil property dispute between the petitioners and the 4th respondent pending investigation of Cr.No. 85 of 2003, II Town P.S (L&O), Kakinada as illegal, arbitrary, unjust and violative of Article 21 of Constitution of India and against the principles of natural justice and consequently direct the 1st, 2nd respondents and their subordinates, agents not to summon the petitioners to the police station or harass the petitioners physically and mentally without following due process of law. Counsel for the Petitioners: MR.B.DEVANAND Counsel for the Respondents: GP FOR HOME MR. CH. DHANAMJAYA The Court made the following: ORDER: This writ petition has been filed seeking a Writ of Mandamus to declare the action of the Circle Inspector of Police, Kakinada (Urban), West Godavari District in settling the civil property disputes pending between the petitioners and the fourth respondent pending investigation of Cr.No.85 of 2003, II Town Police Station (Law & Order), Kakinada as illegal and arbitrary. 2. Counter has been filed on 18.03.2004 stating that investigation is pending and there was no interference with regard to the civil disputes. Thereafter, this Court by order dated 02.07.2008 directed the respondents 2 and 3 to file status report and thereafter, as no status report was filed, this Court by order dated 17.07.2008 again directed the respondents 2 and 3 to file status report and also to appear before this Court. 3. Today the respondents 2 and 3 are present before this Court and filed status report stating that after completion of investigation, the investigation officer obtained the permission from the then Sub-Divisional Officer, Kakinada vide his proceedings in c.No.347/Proc/SDPO-K/2003 dated 30.08.2003 referring the complaint of the petitioner as civil in nature. The investigation officer also filed final report before the IV Additional Judicial First Class Magistrate, Kakinada on 31.08.2003 and to that effect, the learned Magistrate also issued proceedings vide Rc.No.129/2005 dated 28.11.2005. It is further stated that when the learned counsel for the petitioners disputed with regard to the filing of final report earlier, the final report was resubmitted on 10.07.2008 and applied for certified copies of the final report and the Court issued certified copies of the final report and FIR on 26.07.2008. 4. A perusal of the records goes to show that there is any amount of negligence on the part of the respondents in not serving a notice on the complainant and in not enquiring into the matter for pursuing and following up the acceptance of the final report by the Court. There is no record maintained by the respondents with regard to date of filing of the earlier final report and the date of the return, but the fact remains that a copy of the final report was not at all made available to the complainant and only pursuant to the orders of this Court steps have been taken to resubmit the final report and ultimately the final report was resubmitted to the Court on 10.07.2008. However, as the final report is already filed no action requires to be taken in the matter and it is for the complainant to take appropriate steps for contesting the final report. The writ petition is accordingly dismissed with the aforesaid observations. There shall be no order as to costs. ______________ V. ESWARAIAH, J July 28, 2008 DSK