THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.30829 of 2010 ORDER: This writ petition is filed with the prayer as under: “For the reasons mentioned in the accompanying affidavit, the petitioner herein prays that this Hon’ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents 1 to 4 in not taking punitive and corrective action against the 5th respondent who was accused in Crime No.141 of 2009 of II Police Station, Nellore, SPSR Nellore District is illegal, arbitrary and against Article 14, 21 and 300-A of Constitution of India and consequently direct the respondents to take action against the 5th respondent who is the accused in Crime No.141 of 2009 of II Police Station, Nellore, SPSR Nellore District.” It is the case of the petitioner that the fifth respondent has approached him and stated that he is in need of finance to his film and based on such request, he lend an amount of Rs.60,00,000/- to the fifth respondent, who assured to repay a sum of Rs.75,00,000/- within six months. It is his further case that the fifth respondent has not repaid the amount and cheated him, as such, he filed a private complaint under Section 200 Cr.P.C. in the Court of II Additional Judicial Magistrate of First Class, Nellore, which in turn, referred the same to the police under Section 156(3) Cr.P.C. for investigation. Based on the same, a case was registered in Crime No.141 of 2009 under Section 420 IPC against the fifth respondent on the file of II Town Police Station, Nellore, SPSR Nellore District. It is his grievance that no proper investigation is being made by respondents 1 to 4 into the crime registered against the fifth respondent. A counter-affidavit is filed by the first respondent - Sub-Inspector of Police, II Town Police Station, Nellore, SPSR Nellore District. While denying various allegations made by the petitioner, in the counter-affidavit, it is stated that based on the crime registered against the fifth respondent, investigation was made and as many as four witnesses were examined and their statements were recorded. They have not supported the case of the petitioner. It is also stated that as the very investigation is completed, when the respondents police are trying to serve notice on him, the petitioner/complainant is evading to receive the same, as such, it was sent by registered post with acknowledgment due on 13.12.2010 and that final report would be filed within a week. As much as the investigation is already completed and as it is stated that the final report is being filed now, no direction can be given at this point of time in this writ petition filed under Article 226 of the Constitution of India. If the petitioner is aggrieved as to the final report, it is always open for him to move the authority concerned, before whom, he lodged a private complaint, by way of protest petition/objections and seek further directions for investigation. The writ petition is devoid of merit and it is accordingly dismissed. No order as to costs. ______________________ R.SUBHASH REDDY, J 15th DECEMBER, 2010. kvni