HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2942 OF 2010 Date: 15th July 2010 Between: N. Srinivas & others. … Petitioners And The Station House Officer, Gandhinagar Police Station, Hyderabad & another. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2942 OF 2010 ORDER: In this writ petition, the petitioners have questioned the action of respondent No.1 in registering the case against them in Crime No.256 of 2009, as arbitrary and illegal. The 2nd respondent has lodged a complaint before the Police, based on which, a case in Crime No.256 of 2009 is registered on the file of P.S.Gandhinagar. It was the case of the 2nd respondent that the petitioners have entered into a developmental agreement with him, stating that they are the patta holders, owners and possessors of land admeasuring Ac.7.01 gts., situated in Pasha Mylaram of Patancheru Mandal in Medak District. Believing them, the 2nd respondent-complainant, along with his two sons, paid a sum of Rs.11,25,000/- and entered into a developmental agreement on 12th of January 2007, but they have given possession to an extent of only Ac.5.13 guntas of land, with a promise to give the balance of land on 1st of February 2007. It is stated that even the said land, which was given possession to them, does not belong to the petitioners. It is further stated that when the 2nd respondent- complainant has questioned the petitioners about the same, they abused him and threatened him. As such, it was the grievance of the 2nd respondent that the petitioners have cheated him, and therefore, requested to take necessary action against them. Based on the said complaint, a case was registered in Crime No.256 of 2009 for the offences under Sections 420, 468 and 506 of IPC on the file of P.S.Gandhi Nagar on 17.09.2009. In this writ petition, the grievance of the petitioners is that the dispute between them and the 2nd respondent is purely of civil nature, and inspite of the same, crime No.256 of 2009 is registered against them illegally, only at the instance of respondent No.2. Counter affidavit is filed by the 1st respondent. In the counter affidavit, while denying the various allegations made by the petitioners against him, it is stated by the 1st respondent that in view of the complaint lodged by the 2nd respondent as referred above, Crime No.256 of 2009 was registered against the petitioners. It is further stated that after registration of crime, request was made to the complainant many times, to produce the relevant documentary evidence and also witnesses for recording their statements, but he did not turn up. It is further clearly stated that the investigation done so far revealed that the dispute is of purely civil nature and they have nothing to do with it. However, referring to the interim orders of this Court, it is stated that the further investigation is not done in view of the interim orders of this Court. As the 1st respondent himself has stated that the investigation so far conducted revealed that the dispute between the petitioner and the 2nd respondent is of civil nature, it is for the 1st respondent to complete the investigation and file appropriate report before the Court. In view of the averments made in the counter affidavit, I deem it appropriate to dispose of the writ petition, directing the 1st respondent to complete the investigation and file final report as expeditiously as possible. It is made clear that till appropriate final report is filed, no coercive steps shall be taken against the petitioners and they shall not be arrested in connection with the crime in question. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 15th July 2010 ajr