IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.12853 of 2008 Between: Ahmed Khan S/o. Murad Khan, H.No.3-3-4, L.B Nagar Ring Road, L.B Nagar Hyderabad A.P ..... PETITIONER AND 1 The Station House Officer, L.B Nagar Police Station, L.B Nagar Hyderabad A.P 2 Smt. Asia Begum@ Raheemunnisa, H.No.16-2-712, Akbarbagh, Malakpet, Hyderabad, A.P. .....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 an appropriate writ or order or direction under Article 226 of the Constitution of India particularly one in the nature of writ of Mandamus directing the 1st respondent to take action against the second respondent and handover keys of the House bearing No.3-3- 4, L.B.Nagar Ring Road, L.B Nagar, Hyderabad, A.P. to the petitioner after calling for the records. Counsel for the Petitioner: MR.PRATTIPATI VENKATESWARLU Counsel for the Respondent No.1: GP FOR HOME The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.12853 OF 2008 ORDER: Heard the learned counsel for the petitioner and the learned Government Pleader for Home appearing for the 1st respondent. According to the petitioner, there was divorce between him and the 2nd respondent and they were living separately. It is his grievance that when the 2nd respondent, with the help of some antisocial elements, has illegally trespassed into his house bearing Door No.3-3-4 situated at L.B. Nagar, Hyderabad, on 12.06.2008, he complained to the 1st respondent- Station House Officer, L.B. Nagar Police Station, basing on which a case was registered in Crime No.548 of 2008 for the offences punishable under Sections 448 and 506 I.P.C., but no investigation is being conducted into the said crime. Learned Government Pleader for Home appearing for the 1st respondent, on instructions, submitted that the 1st respondent has already commenced investigation in Crime No.548 of 2008, which was registered on the basis of the complaint made by the petitioner, and the investigation conducted till date revealed that as on the date of complaint, there was no divorce between the petitioner and the 2nd respondent, and that the 2nd respondent had six daughters through the petitioner, and four of them are married, and now the 2nd respondent is residing in the house in question along with two unmarried daughters and one divorced daughter. I am of the opinion that the dispute between the petitioner and the 2nd respondent in respect of the house property in question is to be decided by a Civil Court, and this Court cannot go into that aspect in the present writ petition. Since the grievance of the petitioner is that no investigation is being conducted into the crime registered against the 2nd respondent, and as the learned Government Pleader for Home, on instructions, submitted that the investigation is going on, I deem it appropriate to direct the 1st respondent to complete the investigation in Crime No.548 of 2008 registered for the offences punishable under Sections 448 and 506 I.P.C. and file charge sheet/final report before the competent Criminal Court as expeditiously as possible. With the above directions, the writ petition is disposed of. No order as to costs. _________________ JUSTICE C.V. RAMULU 26th November, 2008. IBL