IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.14703 of 2009 Between: Sri Rajasthani Jain Swethamber Moorthy Poojak Sangh, ..... PETITIONER AND The Inspector of Police, Mahankali Police Station, Secunderabad .....RESPONDENT ORDER : The Writ Petition is filed by the petitioner under Article 226 of the Constitution of India seeking a writ of Mandamus declaring the action of the respondents in not investigating or taking any action in respect of FIR/Crime No.316/2008, dated 06.09.2008 of Mahankali P.S, Secunderabad, as illegal and unconstitutional and to direct the respondent to forthwith investigate the above crime as per Section 156(3) of Cr.p.C. and file charge sheet. 2. The petitioner is a society registered under the Andhra Pradesh Societies Registration Act with registration No.35/2008. When some individuals are acting against the interests of the society, the petitioner society filed O.S. No.530 of 2008 on the file of III Senior Civil Judge, City Civil Court, Secunderabad and the said Court was pleased to pass an ad-interim injunction on 23.11.2008. During the subsistence of the said interim order, when the same individuals are again causing disturbance to the petitioner-society, the petitioner society approached the XI Additional Chief Metropolitan Magistrate, Secunderabad and filed CC.SR.No.7350 of 2008 and the learned Magistrate was pleased to refer the matter to the respondent police for investigation under Section 156(3) of Cr.P.C. Pursuant to the said reference, the police registered a case in Crime No.316 of 2008 against the accused. But, however, as the police are not investigating into the matter, the petitioner-society approached this Court and filed the present writ petition. 3. The learned Assistant Government Pleader for Home, on instructions, submits that because of the lapses on the part of the petitioner-society, the investigation could not be completed and in fact a notice, as provided for under Section 91 of Cr.p.C, was also issued to the petitioner to cooperate with the enquiry. But, however, the petitioner is not cooperating with the enquiry. 4. In that view of the matter, this Court is of the view that it is purely because of the lapses on the part of the petitioner, the investigation could not be completed and there was no progress in the investigation. However, as the petitioner expressed its willingness to cooperate with the investigating agency, the petitioner is hereby directed to approach the police and cooperate with the investigating agency, so that the police i.e., the respondent herein will complete the investigation. The respondent is hereby directed to complete the investigation within a period of Six months from the date of receipt of a copy of this order and file a final report before the learned XI Additional Chief Metropolitan Magistrate,Secunderabad. Accordingly, this writ petition is disposed of. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J August 6, 2009 KSH