IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.13412 of 2009 Between: 1 Mahendra Kumar P. Joshi S/o. Pukhraj N. Doshi Flat No.303, Akash Residency, 2-3-527, Nallgutta, P.G. Road, Secunderabad. 2 Sashikala M. Doshi W/o. Mahendra Kumar P. Joshi Flat No.303, Akash Residency, 2-3-527, Nallgutta, P.G. Road, Secunderabad. ..... PETITIONERS AND 1 The Station House Officer, Ramgopalpet Police Station, Ramgopalpet, Secunderabad. 2 Sheetal Singh S/o. Late Durga Singh R/o. 2-3-567, Ramgopalpet, Secunderabad. 3 Dhannu Singh S/o. Late Durga Singh R/o. 2-3-567, Ramgopalpet, Secunderabad. 4 Amar Singh S/o. Late Durga Singh R/o. 2-3-567, Ramgopalpet, Secunderabad. 5 Y. Ramakrishna Murthy S/o. Late Y.V. Rangaiah R/o.Flat No.103, Street No.8, Habsiguda, Hyderabad. 6 B. Narsimlu S/o. B. Rajaiah R/o. Mohinikunta, Musehavad, Karimnagar District. .....RESPONDENTS Counsel for the Petitioners:MR.V.RAMCHANDER GOUD Counsel for Respondent No.1:AGP FOR HOME The Court made the following : ORDER: This writ petition is filed for a mandamus to declare the inaction of respondent No.1 in taking action against respondent Nos.2 to 6 after registering Crime No.236 of 2009 on reference from XI Additional Metropolitan Magistrate, Secunderabad. A perusal of the averments contained in the affidavit shows that there is a dispute regarding property bearing door No.2-7-531/15, D.V.Colony, Nallagutta, Secunderabad, between the petitioners on the one side and respondent Nos.2 to 6 on the other. The unofficial respondents filed O.S.No.331 of 2009 in the Court of III Senior Civil Judge, Secunderabad, for perpetual injunction. By order, dated 25.06.2009, the said Court allowed the application for interim injunction filed by them with an observation that the order of injunction granted was not concerned with the above-mentioned property, which is being claimed by the petitioners. As the unofficial respondents allegedly sought to trespass into the property of the petitioners, they gave a complaint to respondent No.1 and as no action was taken thereon, the petitioners approached XI Additional Metropolitan Magistrate, Secunderabad, who in turn, referred the same to the police under Section 156(3) of the Code of Criminal Procedure. Accordingly, respondent No.1 registered Crime No.236 of 2009. The grievance of the petitioners is that though the complaint was registered as far back as 15.06.2009, so far no action has been taken by respondent No.1 either to arrest respondent Nos.2 to 6 or complete the investigation. Inasmuch as respondent No.1 has already registered a complaint, he is bound to complete the investigation and file an appropriate charge sheet/final report before the jurisdictional Magistrate. The learned counsel for the petitioners made efforts to persuade this Court to direct respondent No.1 to protect possession of the petitioners’ property. I am afraid, such a direction cannot be issued, because the petitioners will have to first approach the competent Civil Court for granting an order protecting their possession. It is only in the event of the unofficial respondents trying to violate such an order, that the petitioners can seek police intervention. As no such orders have been passed in favour of the petitioners by the competent Court, no direction can be given to respondent No.1 in this regard. For the above-mentioned reasons, the writ petition is disposed of with the direction to respondent No.1 to complete the investigation and file appropriate charge sheet/final report before the jurisdictional Magistrate, within a period of four (4) weeks from the date of receipt of a copy of this order. As a sequel to disposal of main petition, WPMP.No.17422 of 2009 filed by the petitioners for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 7th JULY, 2009. kvni