THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.29099 of 2009 ORDER: In this writ petition, the petitioner seeks a mandamus to declare the action of the first respondent – Station House Officer, Atreyapuram, East Godavari District, in filing final report in Crime No.44 of 2005 as null and void and to direct respondents 2 to 4 to conduct proper investigation and file final report against respondents 5 to 9. When the matter came up on 31.12.2009, while issuing notice before admission, the matter was adjourned to enable the learned Government Pleader for Home to get instructions. When the matter is taken up today, the learned Assistant Government Pleader for Home has produced before this Court a letter, dated 12.01.2010 addressed by the first respondent to the Government Pleader for Home and submitted that the petitioner has filed a private complaint before the learned Additional Judicial First Class Magistrate, Kothapet, East Godavari and based on the reference made under Section 156(3) Cr.P.C., a case in Crime No.44 of 2005 under Sections 120-A, 192 IPC read with Section 34 IPC was registered on the file of the first respondent. He further submitted that during the course of investigation, the Investigation Officer examined L.Ws.1 to 4 and recorded their statements. He further submitted that the evidence collected during the course of investigation and the discreet enquiries disclosed that there are landed property disputes between the petitioner and the accused/respondents 5 to 9. He also submitted that as there is no proper evidence in support of the complaint filed by the petitioner, after obtaining permission from the Sub-Divisional Police Officer, Amalapuram, the case was referred as false and served notice to the petitioner. As much as the police have already filed final report referring the case as false before the competent authority after service of notice to the petitioner, it is open to him to file protest petition/objections against it, but he cannot approach this Court by way of petition under Article 226 of the Constitution of India and seek a direction for further investigation. However, there is sufficient mechanism provided under the Code of Criminal Procedure itself to file protest petition against the final report for re-investigation etc. For the aforesaid reasons, I do not find any merit in the writ petition, which is accordingly, dismissed. No order as to costs. _______________________ R.SUBHASH REDDY, J 6th JULY, 2010. kvni