THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.31526 of 2010 ORDER: In this writ petition, petitioner complains the inaction on the part of investigating agency in connection with Crime No.76 of 2010, registered on the file of Roberstone Police Station, Machilipatnam, Krishna District, based on his complaint. In the affidavit filed in support of the writ petition, it is stated that brother of the petitioner, by name, M.Koteswara Rao, was brutally murdered and based on the complaint of the petitioner, a case was registered in Crime No.76 of 2010 for the offence under Section 302 IPC read with 34 IPC. It is further stated that in the complaint itself, the petitioner has given the names of suspects, namely, 1) Manepally Ramanjaneyulu, 2) Ganesina Sudhakara Rao, 3) Gopu Bhadraiah and others. It is also stated that when such persons misbehaved with his brother’s daughter, by name, Dhanalaxmi, a complaint was filed by his brother before the police and they were arrested in connection with the same, as such, they have developed grudge against his brother and are responsible for the murder of his brother on 23.07.2010. It is the grievance of the petitioner that in spite of registering the case, no further steps are being taken by the investigating agency to investigate into the crime and to file final report. Based on written instructions, dated 20.12.2010, sent by the Circle-Inspector of Police, Bander Town, Krishna District, it is submitted by the learned Assistant Government Pleader for Home appearing for the respondents that the investigation was completed in Crime No.76 of 2010 and it revealed that the deceased was suffering with chest pain and has taken treatment with RMP doctor prior to his death. It is further submitted that the said doctor advised the deceased to consult Cardiac Specialist and on 22.07.2010, at 10.30 a.m., the deceased visited Krishna Cardiac Centre at Machilipatnam, and got entered his name in the Out-Patient Register No.304 at Serial No.29 and waiting in front of the hospital but in the meanwhile, he fell down and died in front of the hospital. It is further submitted that the Medical Officer has opined after considering the forensic laboratory report that the death might be occurred due to Myocordial infracation and cardio vascular accident. It is also submitted that the Circle-Inspector of Police addressed a letter to the Superintendent of Police on 22.11.2010 to accord permission to refer the case as mistake of fact and after obtaining permission, the case would be finalized at the earliest. Although it is disputed by the learned counsel for the petitioner that such conclusions arrived at the investigation are not correct, this Court cannot examine the same at this stage in this writ petition. Whenever the petitioner is having any grievance, it is for him to file protest application after final report is filed under Section 173 Cr.P.C., or to file independent application before the Magistrate concerned seeking appropriate directions for further investigation. As much as it is stated that the investigation in Cr.No.76 of 2010 is completed and the Superintendent of Police, Krishna District, was already addressed seeking permission to refer the case as mistake of fact, I deem it appropriate to direct the respondents to submit final report in the aforesaid crime as expeditiously as possible, preferably, within a period of six (6) weeks from today. It is made clear that if the petitioner is having any objection to the final report, it is open to him to file before the Magistrate concerned protest petition/objections or any other application seeking to order for further investigation in the matter. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 18th JANUARY, 2011. kvni