IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.11490 OF 2010 Between:- P.Rajamma …Petitioner A n d The State of A.P., Rep. by its Public Prosecutor, High Court of A.P., Hyderabad and another …Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.11490 OF 2010 ORDER: This petition is filed under Section 482 Cr.P.C., for quashing the order dated 10-11-2010 in C.F.No.1428 of 2010, on the file of the Judicial Magistrate of the First Class, Sathyavedu, whereunder the learned Magistrate referred the complaint to the police for investigation and report under Section 156(3) Cr.P.C. 2. Heard the learned counsel for the petitioner/accused. None appeared for the second respondent. Perused the records. 3. The learned counsel for the petitioner would submit that the dispute is purely civil in nature and the various documents filed by the petitioner disclose that there is no element of criminality attached to the transactions and the agreement of sale pleaded by the complainant is disputed and specifically denied by the petitioner in their written statement filed in O.S.No.54 of 2006, a suit filed by the complainant for specific performance before the III Additional District Judge, Tirupathi. The impugned order is only to the effect that the private complaint filed by the complainant, alleging offence under Section 420 IPC, is referred by the learned Magistrate to the police for investigation and report. 4. The question as to whether or not the dispute is purely civil in nature, is a matter to be considered by the investigating officer during the course of investigation and file a report on conclusion of investigation. The impugned order referring the matter to the police for investigation under Section 156(3) Cr.P.C., cannot, therefore, be faulted on the ground that there was no application of mind by the learned Magistrate before passing the said order. The material on record does not disclose that the impugned order is vitiated on account of non-application of mind by the learned Magistrate. 5. In the circumstances, the police concerned i.e., Station House Officer, Satyavedu Police Station is directed to take necessary steps immediately in pursuance of the order of the learned Magistrate forwarding the complaint under Section 156(3) Cr.P.C and file final report or the charge sheet, as the case may be, before the Magistrate concerned expeditiously. 6. It is stated that the petitioner is stated to be aged 71 years. In the circumstances, it is directed that the petitioner/accused may not be arrested till the conclusion of investigation and filing of final report/charge sheet, as the case may be. 7. In the result, the criminal petition is disposed of accordingly. _____________________ G.V.SEETHAPATHY, J 22nd November, 2010 Note: Cc in (2) days B/o Lrkm.