IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHT DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.32493 of 2010 BETWEEN Varun Constructions, Hyderabad. ... PETITIONER AND The Government of Andhra Pradesh, Rep. by its Secretary, Home Department, Secretariat Buildings, Hyderabad and another. ...RESPONDENTS Counsel for the Petitioners: MR. V. RAMCHANDER GOUD Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER: In this writ petition, the petitioner seeks direction to declare the action of the respondents in not conducting investigation in Cr.No.106 of 2009 dated 05.03.2009 pending on the file of Ramgopalpet Police Station, Secunderabad, as illegal and arbitrary. 2. Petitioner – construction company filed a private complaint under Section 200 of the Code of Criminal Procedure, 1973 before the XI Additional Chief Metropolitan Magistrate, Secunderabad against five named individuals, who are shown as accused. On the complaint of the petitioner, a case is registered in Cr.No.106 of 2009 under Section 420, 120-B read with 34 of the Indian Penal Code, 1860 and was investigated into. 3. In this writ petition, it is the grievance of the petitioner that even though the crime was registered as early as on 05.03.2009, the second respondent has not completed the investigation. 4. Based on the written instructions dated 27.12.2010 submitted by the Sub Inspector of Police, Ramgopalpet Police Station, it is submitted by the learned Government Pleader appearing for the respondents that as much as the issue is already subject matter before the civil Court, after completing the investigation and by taking permission of the Assistant Commissioner of Police, Saifabad Division, a final report is filed under Section 173 Cr.P.C. before the XI Additional Chief Metropolitan Magistrate, Secunderabad vide proceedings in Rc.No.259/2009 dated 29.12.2009. 5. In view of the filing of the final report referring to the complaint as civil in nature, it cannot be said that the respondents have not proceeded with the investigation and as such, when the final is report is filed, no relief can be granted to the petitioner in this writ petition. If the petitioner is aggrieved by the final report, it is open to him to file objections or protest petition before the concerned Magistrate. Keeping it open to the petitioner to file his objections/protest petition before the concerned Magistrate, the writ petition is closed. There shall be no order as to costs. __________________ R. SUBHASH REDDY, J December 28, 2010 DSK