THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.4960 of 2011 ORDER: In this writ petition, petitioner seeks a mandamus declaring the action of respondents 1 and 2 in threatening him to vacate flat No.103, Akshay Avenue in premises bearing No.10-02-421&422 situated at West Marredpally, Secunderabad, at the instance of the third respondent, who is his brother, as illegal, arbitrary and in violation of the rights guaranteed under Article 21 of the Constitution of India. It is the case of the petitioner that he is in possession of the flat in question and it is a joint family property. It is his grievance that at the instance of the third respondent, who is his own brother, respondents 1 and 2 are interfering with his possession and threatening him to vacate the aforesaid flat. On instructions, it is submitted by the learned Assistant Government Pleader for Home appearing for respondents 1 and 2 that there was a private complaint under Section 200 Cr.P.C. filed by the son of the third respondent before the learned X Additional Chief Metropolitan Magistrate, Secunderabad, against the petitioner for the offences under Sections 448, 380, 506 and 323 IPC and Section 25 of the Arms Act. It is further submitted that on reference by the said Court, a case was registered in Crime No.24 of 2011 for the offences under Sections 448, 380, 506 and 323 IPC and Section 25 of the Arms Act on the file of West Marredpally Police Station, Secunderabad, on 31.01.2011 and investigation is in progress. It is also submitted that sum and substance of the said private complaint is that the petitioner illegally trespassed into the aforesaid flat and threatened the complainant with dire consequences by putting his gun on the table and to kill him. Although it is the case of the petitioner that he is in possession of the flat in question, when the third respondent/complainant is also claiming possession over the same and he alleged that the petitioner trespassed into it, it is not possible for this Court to record a finding under Article 226 of the Constitution of India that the petitioner is in exclusive possession of the said flat or not. When the private complaint was referred to under Section 156(3) Cr.P.C. and the crime was registered in regard thereto, it is the duty of the police to investigate and file final report. Such investigation cannot be termed as interference with the petitioner’s rights. For the aforesaid reasons, I do not find any merit in this writ petition for grant of relief as prayed for. The writ petition is accordingly dismissed. No order as to costs. _______________________ R.SUBHASH REDDY, J 8th MARCH, 2011. kvni