IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 9869 of 2008 Between: L.Naresh Singh, S/o. Kishan Singh, R/o. 2-62/A/5, Gachibowli Village, Serilingampally Municipality,R.R.District. ..... PETITIONER AND 1 State Represented by Public Prosecutor, high Court of A.P.Hyderabad. 2 Inspector of Police (SHO), Chandanagar Police Station, Hyderabad. 3 Assistant Sub-Inspector,(Shiva Shankar) Chandanagar Police Station, Hyderabad. 4 Kadiyala Rambabu, S/o. Narasimhulu, R/o. 10-3-282/2/A/28, Venkaradri Nagar, Humayun Nagar, Rangareddy District, 'Hyderabad. 5 B.Narasinga Rao, S/o. Late Venkata Narayana, R/o. H.No.1-9, P & T Colony, Gachibowli,Serilingampally Municipality, Rangareddy District,'Hyderabad. 6 The Commissioner of Police, Cyberabad Police commissionerate, Cyberabad,Rangareddy District, .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue direction, stay , or order especially one in the nature of Mandamus against the second respondent and to declare the inaction of the second respondent registering the FIR against the accused in the complaint submitted by the petitioner on 14.04.2008 or subsequently, interfering in Civil disputes, and threatening the petitioner is arbitrary, illegal, and against fundamental principles of the Constitution and Criminal law of India. Counsel for the Petitioner:MR.BANDI.VARAPRASADA RAO Counsel for the Respondents: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 9869 of 2008 O R D E R: This writ petition is filed seeking a Mandamus declaring the inaction on the part of the 2nd respondent in registering the FIR against the accused on the complaint submitted by the petitioner on 14.4.2008 or subsequently and interfering into the civil disputes and threatening the petitioner with dire consequences as arbitrary and illegal. It appears, there are some differences between the petitioner and the respondents 4 to 6. It is the case of the petitioner that on 14.4.2008 at about 5.00 p.m. in the evening when the petitioner and his father went to their house and site situated at Housing Board, Gachibowli village, Serilingampally Mandal, one person by name Kadiyala Rambabu – respondent No.4 herein, who is the owner of land in S.No.109 situated towards east of their house and site, one B. Narasinga Rao s/o Venkatanarayana – respondent No.5 and their henchmen about 20 people were trying to demolish their compound wall with crowbars and spades with a view to occupy their land on its western side. Then the petitioner objected their high-handedness, which engulfed in a quarrel and he received grievous injury on the right eyebrow and lost so much of blood. On seeing the injuries, they left the place by giving threats. Then they immediately went to Chandanagar Police Station for giving complaint. Though the complaint was lodged on the same day, it was not registered. Hence this writ petition. On instructions, the learned Government Pleader for Home submitted that a crime has already been registered on 2.5.2008 as Cr.No.124 of 2008 on the file of Chandanagar Police Station, under Section 326 IPC. Since the crime was already registered, nothing survives in this writ petition for further adjudication. The writ petition is accordingly closed. However, the 2nd and 3rd respondents are directed to conduct investigation and take all further steps in accordance with law. C.V. RAMULU, J. Date: 24-11-2008. Note: C.C. within a week. (BO) MVB.