HON’BLE MR. JUSTICE R. SUBHASH REDDY Writ Petition No.2121 of 2011 Date: February 15, 2011 Between: Manepalli Chakrapani Gupta, S/o.Chandrasekhar Rao, aged About 38 years, R/o.D.No.13-11-6, Undrajavaram Road, Opp:Rajarao Rice Mill, Tanuku, West Godavari District and another … Petitioners And Government of Andhra Pradesh, Represented by its Secretary, Home Department, Secretariat, Hyderabad and others … Respondents Order: Petitioner seeks a writ of mandamus declaring the action of respondents 3 and 4 in seeking to interfere with the civil disputes between him and the fifth respondent herein in respect of house property bearing Door No.13- 11-6, situated in Tanuku Town, West Godavari District as arbitrary and illegal. The grievance of the petitioner is that there is a dispute between him and the fifth respondent with regard to the aforesaid house property and though he is in possession of the said property, there is interference by respondents-police who are directing him to settle the dispute with the fifth respondent. When the matter came up on the last occasion, it was adjourned so as to enable learned Government Pleader for Home to obtain instructions. When the matter is taken up today, on obtaining instructions, it is submitted by learned Assistant Government Pleader for Home appearing on behalf of respondents-police that the fifth respondent herein filed a complaint against the petitioner on the basis of which a case in Cr.No.292 of 2010 was registered on the file of Tanuku Town Police Station for the offences under Sections 324, 427 and 506 read with Section 34 IPC on 23-08-2010. It is submitted that after investigation, petitioner/A-1 was taken into judicial custody and released on bail subsequently; charge sheet was filed on 03-01-2011 and the same is pending trial in C.C.No.09 of 2011 on the file of learned II Additional Judicial Magistrate of First Class, Tanuku. It is further submitted that petitioner has also filed a complaint against the fifth respondent basing on which a case in Cr.No.293 of 2010 was registered for the offences under Section 324 IPC on 27-12-2010 and investigation is in progress. In this case, it is to be noticed that two complaints have been filed before the police. One by the fifth respondent against the petitioner and a counter-complaint by the petitioner against the fifth respondent. When there are such complaints, it is the duty of the police to investigate into those complaints and file a report, as contemplated under Section 173 Cr.P.C. Such investigation by the police cannot be termed as interference in civil disputes. As much as in Cr.No.292 of 2010, which was registered on 23-08-2010, on the complaint of the fifth respondent, investigation is complete and final report is filed and the same is pending trial in C.C.No.09 of 2011 and further the complaint of the petitioner is registered as Cr.No.293 of 2010 on 27-12- 2010 and investigation is in progress, it cannot also be said that there is delay on the part of the police in investigating the crimes in question. As much as it is stated that police are only investigating the crimes registered and not interfering with the civil disputes between the petitioner and the fifth respondent, I dispose of the writ petition directing the respondents-police to conduct investigation into the crimes registered, independently; but shall not interfere with the civil disputes between the petitioner and the fifth respondent. It is made clear that any observations made in this order shall not be construed as findings with regard to possession over the subject property either by the petitioner or the fifth respondent. ___________________ (R. SUBHASH REDDY, J) February 15, 2011 MRR