HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 19530 of 2007 Dated 8th February, 2008 Between Parchuri Vijayalakshmi …Petitioner and Circle Inspector of Police, Law & Order, I Town Police Station, Vijayawada and ors …Respondents. THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 19530 of 2007 ORDER: In this Writ Petition, the petitioner seeks Writ of Mandamus to declare the action of the first respondent in interfering with his personal life and liberty, calling him to police station every day and coercing him to settle the disputes with the second respondent as illegal and arbitrary. The first respondent-Circle Inspector of Police, I town Police Station, Vijayawada, filed counter affidavit stating that a private complaint has been filed against the petitioner and others, before the learned Chief Metropolitan Magistrate, Vijayawada, for the alleged offences under Sections 418, 463, 464, 467, 468, 471 read with Section 34 IPC and the same was referred to under Section 156 (3) Cr.P.C. and upon such reference, a case in Crime No. 12/2008 was registered and the investigation is in progress. It is stated that the petitioner is Accused No.8 in the said crime. The gist of the complaint is that the petitioner, along with others, tried to grab the property of the second respondent situated at Bhavanipuram by making forged and fabricated documents with a dishonest intention. It is submitted by the learned Counsel appearing for the second respondent that initially a complaint was filed against the petitioner before the Commissioner of Police in the month of August, 2007 itself and the first respondent is investigating the same. It is further submitted that when a complaint is filed, it is for the first respondent to investigate the same and take steps in accordance with law. However, It is stated by the third impleaded respondent/third respondent that initially a complaint was filed by him on 30-8-2007 before the first respondent against the petitioner and others and pursuant to the same, a case in Crime No. 551 of 2007 was registered and the first respondent is investigating the crime. In view of the averments made by the first respondent in the counter affidavit a case in Crime No. 12/2008 was registered pursuant to references made under Section 156(3) Cr.P.C by the learned Chief Metropolitan Magistrate and investigation is in progress. Further, pursuant to a private complaint filed by the impleaded respondent against the petitioner, the same was also referred under Section 156(3) Cr.P.C and upon such reference, a case in Crime No.551 of 2007 was registered. In that view of the matter, it cannot be said that there is interference with the personal life and liberty of the petitioner. Further the allegation of the petitioner that he is being called to police station everyday is denied in the counter affidavit filed by the first respondent. Placing the averments made in the counter affidavit by the first respondent that the respondent-police is not interfering with the personal life and liberty of the petitioner and he is not being called to police station every day, the Writ Petition is disposed of directing the first respondent to proceed with the investigation in Crime Nos.12/2008 and 551/2007 and file final reports. Subject to the above direction, the Writ Petition is disposed of. No order as to costs. ---------------------------------- JUSTICE R. SUBHASH REDDY DATE: 8-2-2008. Msnr.