IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.17059 of 2004 Between: 1 D. Narahari S/o late D. RAmaiah R/o 5-128, Balanagar, Village, Balanagar Mandal, Ranga Reddy District 2 D. Prabhavathi W/o D. Narahari R/o 5-128, Balanagar, Village, Balanagar Mandal, Ranga Reddy District ..... PETITIONER(S) AND 1 the Station House Officer, Balanagar P.S. Balanagar, R.R. district 2 P. Hymavathi W/o P. Ramanaiah r/o 5-128/1, Balanagar (V), R.R. 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 Writ of Mandamus and declare the proceedings in Crime No. 55 of 2004 on thefile of 1st respondent i.e. Balanagar P.S. as illegal, arbitrary and consequentially quashthe proceedings in Crime No. 55 of 2004 on the Balanagar P.S. Ranga Reddy District Counsel for the Petitioner:MR.P.R.K.AMERANDRA KUMAR Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.17059 of 2004 ORDER: It is the case of the petitioners that they are residing in the House bearing Nos.5-128 and 5-121 of Balanagar Village, Ranga Reddy District. Originally, the said house was purchased by one Sri D.Ramaiah, who is the father of the 1st petitioner, during his life time and after his death, the 1st petitioner and his brother one Sri D.Balraj jointly inherited the property. As the brother of the 1st petitioner is trying to sell away the joint family property, a legal notice was issued and a suit for partition was also filed. While so, the 2nd respondent lodged a complaint against the petitioners, based on which, a case in Cr.No.55 of 2004 was registered for the offence punishable under Section 420 IPC on 22-02-2004. It is the case of the petitioners that when civil suit is pending between the petitioner and the 2nd respondent, the 1st respondent is nothing to do with the civil dispute and it is for the civil court to resolve the dispute and therefore, when the civil suit is pending, the question of initiating action under Section 420 IPC does not arise. I am not inclined to express any opinion as to whether any crime has been registered or not. Even, if all the averments made in the complaint are admitted to be true and valid, it cannot be said that no offence is made out for the offence under Section 420 IPC. Therefore, it is for the 1st respondent to conduct investigation and take appropriate action either to file final report referring it as civil in nature or file charge-sheet as the case may be. As there is an interim stay of all further proceedings in Cr.No.55 of 2004, I am of the opinion that the said crime cannot be quashed or set aside unless the investigation is completed. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the 1st respondent to proceed with the investigation forthwith and file a final report or a charge-sheet as the case may be. But, however, during the course of investigation, the petitioners shall not be arrested and they shall appear before the Investigating Officer as and when summoned during the course of investigation. There shall be no order as to costs. ___________ 24-04-2008 Prv ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}