IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 16563 of 2009 Between: Peravali Rama Kanaka Durga Prasad, S/o. Butuchaiah, R/o. C/o. V.janadhana Rao, D.No.41-5-75, 1st Floor, Old Police Station Road, Governorpet, Vijayawada City, Krishna District. ..... PETITIONER AND 1 The Commissioenr of Police, Vijayawada City, Krishna District. 2 The Station House Officer ( L & O) Suryaraopeta, Vijayawada City, Krishna 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 issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondent Police in not taking effective and apprpriate steps in Crime No.58/2008 dt. 28.03.2008 on the file of suryaraopet (L&O), Police Station, Vijaywada City as arbitrary illegal, violative of Article 21 of the Constitution of India and consequently direct the Respondents Polcie take appropriate steps in accordance with law as expeditiously as possible in Crime No.58/2008 on the fileofthe Suryaraopet (L&O), Police Station, Vijayawada City Counsel for the Petitioner:MR,KUNCHEAMMAHESWARA RAO Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.16563 OF 2009 ORDER: 1 According to the petitioner he filed a private complaint against some persons for the offences punishable under Sections 420, 471 r/w 34 of IPC before the learned III Additional Chief Metropolitan Magistrate, Vijayawada and the learned Magistrate referred the mater to the concerned police for investigation and thereafter it was numbered as a case in Cr.No.58 of 2008. However, as no action has been initiated pursuant to the said registration of the crime, the petitioner approached this court and filed the present Writ Petition. 2 On instructions, the learned Assistant Government Pleader submitted that the police have conducted investigation by examining L.Ws.1 to 3 and according to their investigation the case is purely of civil in nature and are referring the matter as such and in that context a notice was also served to the petitioner. It is further submitted by the learned Assistant Government Pleader that a final report has been filed before the learned Third Additional Chief Metropolitan Magistrate Vijaaywada on 17.8.2009 vide C.F.No.8002/2009. 3 In that view of the matter, this court cannot pass any orders in this Writ Petition. Accordingly the Writ Petition is dismissed. However, it is left open to the petitioner, if he is so advised, to challenge the said final report filed before the Third Additional Chief Metropolitan Magistrate Vijaaywada. No order as to costs. -------------- 19.08.2009 kvsn