HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.24776 of 2007 Dated: 11-02-2008 Between: Nimmagadda Vijaya Bhaskar Rao. … Petitioner And Director General of Police, Government of A.P. & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.24776 of 2007 ORDER: In this writ petition, the petitioner seeks directions by way of Mandamus to declare the action of the 4th respondent in interfering with the Civil dispute between petitioner and his brother by name Nimmagadda Satya Prakash as illegal and arbitrary and consequently direct the respondents not to interfere with the said dispute. 2. At the stage of admission, the 4th respondent Sub- inspector of Police, Amartlur Police Station of Guntur District has filed the counter affidavit. It is stated in the counter affidavit that the mother of the petitioner by name Nimmagadda Vasanthakumari has lodged a complaint before the Police on 06.07.2004 against the petitioner and his wife i.e. her daughter-in-law, stating that they have criminally trespassed into her portion of dwelling house, man-handled her and attempted to snatch-away gold chain from her. It is further stated in the counter affidavit that pursuant to the said complaint, a case was registered in Crime No.41 of 2004 for the alleged offences under Sections 448, 427, 323, 379 read with 511 of I.P.C. and that after completion of investigation, charge sheet is filed and the same is numbered as C.C.No.267 of 2004, which is pending trial on the file of the learned Additional Munsif Magistrate, Tenali. It is further stated in the counter that as the petitioner did not appear in the said case, Non- bailable warrants of arrest were issued against the petitioner and his wife on 1st of November 2004 and are pending for execution. It is further stated that the brother of the petitioner has lodged another complaint on 4th of November 2006 pursuant to which, a case was registered in Crime No.71 of 2006 for the alleged offences under Sections 447, 427, 506 read with 34 of I.P.C. and the matter is under investigation. The allegation of the petitioner with regard to the alleged interference is specifically denied and it is stated that in view of the complaints lodged by the mother and brother of the petitioner, the petitioner and his wife are absconding and N.B.Ws. issued against them by the competent Court of Law, are pending execution. 3. Though it is the case of the petitioner that respondents 1 to 4 are interfering with the civil dispute at the instance of his brother, from the counter it is clear that basing on the complaints referred to in the counter affidavit, two crimes were registered for the alleged offences and in one case registered on the basis of the complaint lodged by the mother of the petitioner, the investigation is completed and charge sheet is also filed while the other case registered on the complaint lodged by the brother of the petitioner, is pending investigation. In that view of the matter, it cannot be said that there is interference by the Police in the Civil dispute, as alleged by the petitioner. 4. For the reasons mentioned hereinabove, the writ petition is dismissed. It is open for the respondents-Police to pursue the trial in C.C.No.267 of 2004 pending on the file of the Additional Munsif Magistrate, Tenali and also complete the investigation in Crime No.71 of 2006 registered on the complaint lodged by the brother of the petitioner. No order as to costs. ______________________ R. SUBHASH REDDY, J 11th February 2008 ajr