IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 2911 of 2009 Between: V.Nagesh Kumar S/o.late V.Rattaiah R/o.Flat No.305, Mythri Residency, 3-6-394, Road No.3, Himayath Nagar, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Hathnoor P.S., Hathnoor (Mandal), Medak District. 2 K.Ravindra Reddy S/o.Janakirami Reddy Managing Director M/s. Ravindra Poultries Ltd., R/o.Door No.24/2/1295, Street No.1, Ram Nagar, Darga Mitta, Nellore Town SPS Nellore District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue Writ of Mandamus declaring the FIR No.111 of 2008 registered on the file of Hathnoor P.S., Medak District for offences, under Section 420, 406 and 506 IPC as being illegal, arbitrary, abuse of process of law and violative of rights guaranteed under Article 20, 21 and 141 of Constitution of India, and consequently to quash the same in so far as writ petitioner is concerned and to pass. Counsel for the Petitioner:SMT.CHINTALAPUDI LAKSHMI KUMARI Counsel for the Respondent No.: GP FOR HOME The Court made the following: O R D E R:- The main grievance of the petitioner is that the 2nd respondent filed a criminal complaint against him on the file of I Additional Chief Metropolitan Magistrate, Nampally, for the offences punishable under Sections 385, 468, 471, 506 and 420 read with 120-B & 190 IPC and the same was referred to Begum Bazar Police Station for investigation and report. Even though the same has been registered as F.I.R. No.115 of 2008, the 2nd respondent, on the very same allegations, lodged a complaint to the 1st respondent-Station House Officer, which was also registered as F.I.R. No.111 of 2008 for the offences punishable under Sections 420, 506 and 406 IPC on the file of Hathnoor P.S., which according to the petitioner, is an abuse of process of law and violative of the rights guaranteed under Articles, 20, 21 and 141 of the Constitution of India, and seeks to quash the same. The 1st respondent-Station House Officer has filed counter affidavit stating that the 2nd respondent made a private complaint against the petitioner on the file of I Additional Chief Metropolitan Magistrate, Nampally and after the same was referred to the Begum Bazar Police Station, it was registered as Cr.No.115 of 2008. Whereas, the complaint lodged by the 2nd respondent which was registered as Cr.No.111 of 2008 registered on the file of Hathnoor P.S. is against one K. Mohan Reddy, who is not the petitioner herein, and these two complaints are distinct from each other, and inasmuch as a prima facie case is made out against K.MohanReddy in Cr.No.111 of 2008, charge sheet was filed, and the petitioner is not shown as accused in that crime. However, the investigation in Cr.No.115 of 2008 registered against the petitioner is still pending and hence, the writ petition is not maintainable and the same may be dismissed. Having regard to the stand taken by the 1st respondent-Station House Officer in the counter affidavit that the petitioner is not shown as accused in Cr.No.111 of 2008 registered on the file of Hathnoor Police Station, which in fact was registered against one K.Mohan Reddy, who has nothing to do with the petitioner, no orders need be passed in the writ petition. Accordingly, the writ petition is closed. No costs. ______________ N.V.RAMANA, J 26th February, 2009 bcj