IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 10260 of 2005 BETWEEN: G. Yellappa, S/o. Chinna Kowlanna, R/o. Dhone, Kurnool District. ... PETITIONER AND 1 The sub-Divisional Superintendent of Police, Dhone, Kurnool District. 2 Marry Ramana, S/o. Swamy, R/o. Dhone, Kurnool 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, order or direction more particularly one in the nature of writ of mandamus directing the1st respondent to complete the investigation and submit report to the court of then judicial Magistrate of First Class, Dhone, Kurnool District in CFR No.871/2001 and Cr.No.101/01 of Dhone Police Station and declare the action of the 1st respondent in not investigation and not submitting his report before the Judicial Magistrate of First class in the above case through 4 years elapsed till now, as illegal, arbitrary and discriminatory and violation of Article 4 of Constitution of India and pass such other order or orders as this Hon'ble court may deem fit and proper in the interest of justice. Counsel for the Petitioner: MR.B.S.VENKATA RAMESH Counsel for the Respondent No.1: GP FOR HOME Counsel for the Respondent No.2: MR. P. NAGENDER REDDY The Court made the following: ORDER: Petitioner seeks a direction to the first respondent to complete the investigation and to take appropriate action in Cr.No.101 of 2001 on the file of Dhone Police Station, Kurnool District. 2. Counter has been filed stating that investigation has already been completed and final report has been filed referring the matter as ‘civil in nature’. 3. If that be so, I am of the opinion the only course open to the petitioner is to question the final report filed before the Judicial Magistrate of First Class, Dhone. Therefore, the petitioner is not entitled to any relief in the writ petition. The writ petition is accordingly dismissed. There shall be no order as to costs. ______________ V. ESWARAIAH, J May 1, 2008 DSK