THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1573 of 2008 Date: 23.04.2008 Between: Smt.Erra Laxmi And others … Petitioners AND The Superintendent of Police, Karimnagar. And others. … Respondents Counsel for the petitioners : Sri D.Bhaskar Reddy Counsel for the respondents : A.G.P. for Home HON’BLE MR.JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1573 of 2008 ORDER:- This writ petition is filed for a writ of mandamus to declare the action of respondent No.2 in summoning the petitioner to police station and threatening to compromise with the civil disputes between the petitioners and respondents 3 to 7, as illegal and unconstitutional. The petitioners alleged that civil disputes exist between them and respondents 3 to 7 with respect to an immoveable property and the same are subject matter of O.S.No.553, 531, 355 and 363 of 2007. They alleged that as respondents 3 to 7 are convinced that they will not succeed in civil disputes, they have been prevailing on respondent No.2 to interfere in the civil disputes and that at their instance respondent No.2 has been frequently summoning the petitioners to the police station and forcing them to compromise in the civil matters. Questioning this action on the part of respondent No.2, they filed the present writ petition. In the counter affidavit filed by the Sub Inspector of Police, Karimnagar Rural Police Station it is stated that respondent Nos.5 and 6 filed a private complaint under Section 200 of the Code of Criminal Procedure, 1973 in the Court of Additional Judicial Magistrate of First Class, Karimnagar against petitioners 3, 5 and 6 for the offence punishable under Sections 290, 323, 506 and 420 IPC, that on the complaint being forwarded under Section 156(3) Cr.P.C. he registered Crime No.238 of 2007 under the above-mentioned provisions on 3.10.2007 and had taken up investigation. It is further stated that while the investigation was under progress all the accused filed Criminal Petition No.6490 of 2007 and obtained order of stay of their arrest while permitting the investigation to go on. He denied interference in the civil dispute except to the extent of registering the above-mentioned criminal case. No reply affidavit is filed controverting the said allegations. From the un- controverted facts, it is clear that on the basis of the private complaint filed by respondents 3 to 7, criminal case has been registered against petitioners 3, 5 and 6 and others. The petitioners failed to disclose the said fact in their affidavit filed in the writ petition. This, in my view, constitutes suppression of material fact. Since, a criminal case is already registered and pending, I am not inclined to entertain this writ petition. The writ petition is accordingly dismissed. As a sequel to dismissal of the writ petition, W.P.M.P.No.1903 of 2008 filed by the petitioners seeking interim relief is also dismissed. ___________________________ C.V.NAGARJUNA REDDY,J Date:23.04.2008 mdaa