HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL. REVISION CASE No. 927 OF 2004 Wednesday, the Fourth Day of July, Two Thousand and Ten Between Gudibandla Vema Reddy Petitioner AND The State of Andhra Pradesh, Rep. By the Public Prosecutor, High Court of A.P., Hyderabad and others Respondents ORAL ORDER: The petitioner herein approached the Addl. Judicial Magistrate of First Class, Mangalagiri, Guntur District and filed a private complaint under Sec. 200 Cr. P.C. The learned magistrate referred the same to the police under Sec. 156(3) Cr. P.C. and the police, Thadikonda, registered a case in Cr. No.94 of 2002 and after investigation submitted report saying that it is purely a civil nature and no offence is made out. On notice, the petitioner filed protest petition stating that the police ought not to have referred the matter as civil in nature. However, the learned Magistrate by his order dated 21.2.2004 accepting the said final report submitted by the police to the effect that the matter between the petitioner and the respondent is civil in nature, dismissed the complaint as provided under Sec. 203 Cr. P.C. The same is question in this revision. It appears that there are civil suits between the parties and in O.S. No. 129 of 1997 filed by the petitioner herein, permanent injunction was granted by the Principal District Munsif, Mangalagiri, and thereafter when the same was vacated, CMA No. 29 of 1998 was filed before the I Addl. Dist. Judge, Guntur and temporary injunction was granted pending disposal of the appeal. Ultimately the said suit was dismissed by order dated 27.12.2001 by the Principal District Munsif, Mangalagiri and in the appeal preferred against the said dismissal, temporary injunction was granted and the appeal was pending as on the date of the said complaint. From the above, it is clear that the subject matter in the private complaint and the said suit is one and the same and this speaks that there are disputes and the said disputes are civil in nature. In the light of the said disputes only, the police referred the matter as purely civil in nature and it has to be adjudicated only by a competent civil court and thus the report was accepted by the learned Judicial Magistrate of First Class. Having considered the said order and also the submissions made by the learned counsel for the petitioner, this court is of the considered view that it is not a case for interference. Consequently, the Criminal Revision Case is dismissed. _____________________________ Justice Gopala Krishna Tamada August 4, 2010 MAS