IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 11810 of 2009 Between: Mr. Abdul Wahed S/o. Late Mahd Abdul Sattar H.No. 17-3-193/4 A Block Madina nagar, Yakutpura, Hyderabad. ..... PETITIONER AND 1 Principal Secretary, Home Department Government of Andhra Pradesh, Secretariat, Hyderabad. 2 Director General of Police Saifabad, Hyderabad. 3 Commissioner of Police Basheerbagh, Hyderabad. 4 Inspector of Police Madannapet Police Station, Hyderabad. ..RESPONDENTS Counsel for the Petitioner:MR.P.AMARENDER REDDY Counsel for the Respondents: AGP FOR HOME The Court made the following : O R D E R: This writ petition is filed for a Mandamus to direct respondent No.4 to investigate into Crime No.10 of 2008 and file charge sheet. The petitioner also sought for a consequential direction to respondent Nos.2 and 3 to take immediate steps for deporting of the absconding accused. In the counter-affidavit filed by Sri Y.Venkateswara Rao, respondent No.4, it is, inter alia, stated that the private complaint referred by the VII-Additional Chief Metropolitan Magistrate, Hyderabad, was registered as Crime No.10 of 2008 for the offences under Sections 420, 406, 379 read with 34 IPC; that the investigation into the said case revealed that the dispute was purely civil in nature; that the Assistant Commissioner of Police vide his proceedings dated 09.06.2008, permitted respondent No.4 to refer the case as “civil in nature”; that the investigating officer issued notice dated 09.06.2008 to the petitioner through a police constable and that the said constable informed that the petitioner left the house after selling the same. It is further stated that the final report was already filed. However, in page 4 of the counter-affidavit, it is stated that investigation is completed and charge sheet is being filed. The learned Assistant Government Pleader for Home explained that the said statement is made by respondent No.4 by inadvertence and the same is allowed to creep in the counter by bona fide mistake on the part of the Office of the Government Pleader. Having regard to the contents of the counter-affidavit, referred to above, no relief can be granted in this writ petition except to permit the petitioner to file a protest petition before the jurisdictional Magistrate. The writ petition is, accordingly, disposed of. As a sequel to disposal of main petition, WPMP No.15209 of 2009 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 24th July, 2009 vrn