HON'BLE SRI JUSTICE G. CHANDRAIAH Dated 22-09-2009 WRIT PETITION No: 15534 of 2009 Between: Guniputi Mallikarjuna Rao. ..... PETITIONER. AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Ministry of Home Affairs, Secretariat Buildings, Hyderabad and others. ....RESPONDENTS. THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No: 15534 of 2009 ORDER: This Writ Petition is filed by the petitioner seeking to declare the inaction of respondents 2 to 4-Superintendent of Police, Kadapa, Inspector of Police, Rajampet, Sub-Inspector of Police, Rajampet, respectively, in not investigating into the matter and filing a charge sheet before the Judicial Magistrate of First Class, Rajampet, in compliance with the reference made under Section 156 (3) Cr.P.C., as illegal and arbitrary and consequently, direct respondents 2 to 4 to complete the investigation expeditiously and file a charge sheet before the Judicial Magistrate of First Class, Rajampet. The case of the petitioner in brief is as follows: In terms of the decree in O.S.No.99 of 1992, the petitioner was allotted Ac.0-52 cents 983 links out of Ac.1.76 cents in S.No.767 of Rajampet and out of it, he sold an extent of Ac.043 cents and retained Ac.0.10 cents for his use. While so, respondents 7 and 8 had trespassed over his site and constructed a house and obtained fraudulent documents into existence by impersonation. On 30.6.2008, he presented a written complaint to the 2nd respondent-police and the same was forwarded to the 4th respondent-police for investigation. But he did not enquire into the matter at all and ultimately, he referred the matter as civil dispute. Hence, the petitioner filed a private complaint before the Judicial Magistrate of 1st Class, Rajampet and the same was forwarded to the Sub Inspector of police, Rajampet-4th respondent for investigation under Section 156 (3) of Cr.P.C., but he has not taken any further action. Heard the learned Counsel and perused the material available on record. The learned Counsel for the petitioner contended that the 4th respondent-police did not take any further action in pursuance of the directions of the Magistrate under Section 156 (3) Cr.P.C., on the private complaint filed by the petitioner and he did not file any charge sheet so far and hence, the petitioner filed the present Writ Petition. On the other hand, the learned Government Pleader contended that the investigation has been conducted and it reveals that the unofficial respondents have purchased house sites from the petitioner in the year 1997 by paying valid consideration and since there is rampant hike in the rates of the landed properties in the recent times, the petitioner filed the false complaint to gain something from the unofficial respondents and in this connection, a final report has submitted to the Judicial Magistrate of 1st Class, Rajampeta stating that the dispute is purely civil in nature and hence, the writ petition is devoid of merits and the same is liable to dismissed. Having regard to the facts and circumstances of the case and in view of the submission of the learned Government Pleader for Home that the matter was investigated into and a final report was submitted in respect of the dispute in question as that of civil in nature, I feel that no further orders are necessary in this writ petition. Accordingly, the writ petition is closed. No order as to costs. _________________________ JUSTICE G. CHANDRAIAH Dated: 22.9.2009 Dvs THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No : 15534 of 2009 22nd September, 2009