HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.6 of 2011 Date : 29.01.2011 Between : Chikkam Devika Rani. …..Petitioner And The Deputy Superintendent of Police, Peddapuram, East Godavari District & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.6 of 2011 ORDER : In this writ petition, the petitioner seeks directions by way of Mandamus, declaring the action of respondents 1 and 2 in interfering with the civil dispute between her and the 3rd respondent, as illegal and arbitrary. The petitioner claims that she is the owner and possessor of an extent of Ac.1.05 1/8 cents of land in Sy.No.19 of Ramanayyapeta village of Kakinada Rural Mandal in East Godavari District, and the same was purchased by her by way of registered sale deed, dated 27.07.2006, from one K.Padmavathi Devi. It is the case of the petitioner that when she intended to sell the aforesaid land, the 3rd respondent agreed to purchase the same and entered into an agreement of sale on 05.09.2009 and paid an advance amount of Rs.1,00,000/- and the balance amount was to be paid at the time of registration. It is alleged that the 3rd respondent did not pay the balance amount and get the document registered inspite of readiness of the petitioner. It is the allegation of the petitioner that now, on the approach by the 3rd respondent, the Police are calling her to the Police Station and are threatening the petitioner to settle the civil dispute with the 3rd respondent. On instructions, it is submitted by the learned Government Pleader that the 3rd respondent has filed a private complaint before the Additional Judicial First Class Magistrate, Peddapuram, under Section 200 Cr.P.C., against the petitioner herein, alleging that the petitioner has cheated him by receiving Rs.1,00,000/-, though she was not having any title or possession over the property in question. It is further submitted that on filing the said private complaint, the matter was referred to Police under Section 156(3) Cr.P.C. and a case is registered in Crime No.14/2011 for the offences under Sections 415, 417, 420, 425, 464, 426 and 506 of IPC, on 10.01.2011 and the investigation is in progress. When the complaint filed by the 3rd respondent is referred under Section 156(3) Cr.P.C. to the Police for investigation, it is the duty of the Police to make investigation into the same and file a report before the Court. Such investigation, which is being taken up, cannot be construed as interference by the Police with the rights of the petitioner. As much as it is submitted that respondents 1 and 2 are not interfering with the civil dispute between the petitioner and the 3rd respondent, but they are merely investigating into Crime No.14/2011, I deem it appropriate to dispose of the writ petition, placing on record the statement of the learned Government Pleader that the Police are only investigating into the crime, but they are not calling the petitioner to the Police Station to settle the dispute with the 3rd respondent. Subject to the above observations, the writ petition is disposed of. No costs. ______________________ R. SUBHASH REDDY, J 29th January 2011 ajr