IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO.14666 OF 2009 TUESDAY, THE TWENTY SECOND DAY OF SEPTEMBER, TWO THOUSAND AND NINE Between: Muppalla Kamala Hanumantha Rao Educational Academy, rep. By its Secretary, P.Venkateswarlu. .... Petitioner. And: The Superintendent of Police, Guntur District and another ....Respondents. THE HON’BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO.14666 OF 2009 ORDER: This Writ Petition is filed seeking a writ of Mandamus declaring the action of the respondents in failing to take up investigation and submitting the final report in C.C.No.6923 of 2007 pending on the file of the II Additional Munsif Magistrate, Gurjala as illegal, arbitrary and consequently direct the respondents to take immediate investigation and to submit the report forthwith and pass such suitable orders. The case of the petitioner is that it has purchased the land of an extent of Ac.2.12 cents at M.Pada Manggaiah and M.China Mangaiah on 22.04.1994 vide documentNo.545 of 1994. Ever since, the petitioner- society has been in possession of the property. Subsequently, the petitioner-society applied for permission to start a degree college and accordingly, applied for permission to the Nagarjuna University. It is stated that the petitioner society came to light that the earlier Secretary seems to have leased out the property without the knowledge of the society to some third parties and therefore, the petitioner society had to file a suit in O.S.No.123 of 2003 on the file of the Principal Junior Civil Judge, Gurjala and obtained decree for recovery of possession on 1.4.2004. It is stated that when the accused No.1 and 2 in CC.No.6923 of 2007 on the file of II Additional Munsiff Magistrate, Gurazala tried to interfere with the possession of the petitioner, the petitioner had filed another suit in OS.No.154 of 2005 on the file of Principal Junior Civil Judge, Gurjala and obtained injunction orders. It is stated that when the accused 1 and 2 in CC No.6923 of 2007 with the assistance of the accused 3 and 4 in CC No.6923 of 2007 tried to usurp the petitioner’s property, the petitioner-society approached the concerned police and when the concerned police refused to receive the complaint in time, petitioner had lodged a private complaint before the II Additional Munsif Magistrate, Gurjala in C.C.No.6923 of 2007 against the accused 1 to 4 and the complaint was referred to the 2nd respondent herein under Section 156 (3) Cr.P.C. It is stated that inspite of complaint has been numbered in CC No.6923of 2007, the 2nd respondent herein has not taken any steps for investigating the matter and hence the petitioner filed this writ petition. On behalf of the respondents, the learned Government Pleader submitted that the petitioner had filed a private complaint under Section 200 Cr.P.C before the II Additional Munsif Magistrate, Gurajala, Guntur District against one Mr. Putta Subbaiah and 3 others. It is stated that upon receipt of the private complaint, the said court forwarded it to the 2nd respondent police station for investigation and report under Section 156 (3) of Cr.P.C and on receipt of the private complaint from the II Additional Munsif Magistrate, Gurajala, a case in Crime No.102 of 2009 was registered on the file of the 2nd respondent police station on 25.7.2009 and investigated into. It is further stated that the sum and substance of the private complaint of the petitioner herein is that the accused in CC No.6923 of 2007 on the file of Munsiff Magistrate, Gurajala, criminally trespassed into the premises of the petitioner with an intention to grab the legitimate property of the petitioner-college and also the accused in the complaint damaged the sign board erected on behalf of MKHR Educational Society, Gurazala and caused damage for nearly Rs.10,000/- by removal of the Board. It is further stated that during the course of investigation, the investigation officer examined as many as six witnesses and recorded their detailed statements. The investigation disclosed that already a civil suit is pending with the regard to the allegations made in the private complaint filed by the petitioner. There is no evidence adduced during the course of investigation that the accused in CC No.6923 of 2007 on the file of Munsiff Magistrate, Gurajala, have committed the offences punishable under Section 210, 379, 383, 385, 403, 447 and 506 IPC. Except the petitioner (complainant in CC No.6923 of 2007), none of the witnesses spoke anything about the commission of offence. It is further stated that the most of the investigation has already been completed and the respondent No.2 addressed a letter to the Sub Divisional Police Officer, Gurazala Sub Division requesting him to give permission to refer the complaint of the petitioner as Civil in nature. It is also stated that the final report would be filed before the concerned court of law shortly by following the due process of law. It is further stated that all the averments made in the private complaint of the petitioner and the contents of the affidavit filed in support of the writ petition are one and the same and they are subject matter of investigation in Cr.No.102 of 2009 for which a detailed investigation is conducted. It is stated that there was some delay in completing the investigation which is neither wilful nor wanton for which the respondent No.2 sought pardon of this Court. Having regard to the submissions made by the learned Government Pleader for the respondents and basing on the written instructions placed before this Court by the Sub Inspector of Police, Gurazala Police Station, Guntur District, which speaks that almost all the investigation is completed and final report will be submitted shortly before the concerned Court, no further orders need be passed in this matter. Recording the said submissions made by the learned Government Pleader for the respondents and in view of the written instructions submitted by the 2nd respondent herein, this writ petition is disposed of. No order as to costs. _______________ G.CHANDRAIAH September 22, 2009 GK. THE HON’BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO.14666 OF 2009 DATE:22.09.2009 GK.