THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.9441 OF 2009 O R D E R The case of the petitioner is that he is the owner of the land and palace to an extent of 81 cents in Sy.No.439/B of Pedapavani village, H/o Huthalapadu village and that he has succeeded to the said property from his ancestors and his name was also recorded in the revenue records. On 19.6.2008 when he was taking up construction of cement poles for the purpose of fencing in the said land, some third parties have trespassed into the land and palace and damaged the fencing and also threatened him with dire consequences. Therefore, he lodged a complaint on the file of the 2nd respondent – The Sub Inspector of Police, Gudlur Police Station, Prakasam District and the same was registered as F.I.R.49/2008 under Section 447, 427 read with Section 34 I.P.C. The further case of the petitioner is that on 2.12.2008 the very same third parties again trespassed into the premises and abused them and, therefore, he again filed complaint in F.I.R.No.96/2008 on the file of the 2nd respondent. Now the grievance of the petitioner is that the 2nd respondent has not conducted any investigation. 2. The 2nd respondent filed counter affidavit and stated that in both the F.I.Rs., investigation is completed and charge sheets are filed before the court on 2.6.2009. The relevant portion of the counter affidavit is extracted as under: “2. It is respectfully submitted that it is true that the petitioner lodged two complaints with the 2nd respondent. Basing on the said complaints two F.I.R. Nos.49/2008 under Sections 447, 427, 506 read with Section 34 I.P.C. and 96/2008 U/S 447, 427, 324, 506 r/w 34 I.P.C. were registered. 3. It is submitted that during the course of investigation, the petitioner and witnesses i.e., L.Ws. 1 to 8 were examined. L.W.9 Tahsildar of Lingasamudram Mandal issued proceedings in RCA/411/08 dated 19.10.2008 stating that the petitioner is the owner of the land to an extent of 81 cents in Sy.No.430/B of Pedapavani village H/O Muthyalapadu village. It is submitted that the accused Masani Malakondaiah and 3 others in the said crimes were having dispute with regard to the above said land. The accused developed grudges and with an intention of causing mischief on 19.6.2008 at 9-30 hours trespassed into the said land and broke down cement boundary polls and cut the barbed iron fencing. 4. It is submitted that the accused in both the crimes surrendered themselves before the Hon’ble Addl Munsiff Magistrate, Kandukur and they were later released on bail. 5. It is respectfully submitted that during the course of investigation, it came to light that the accused committed offences U/s 143, 148, 447, 427 IPC by forming an unlawful assembly armed with deadly weapons and rioting on the petitioner. Accused are liable for the offence u/s 379 IPC for loading and taking away the barbed wire and polls by damaging the same. They are also liable for the offence punishable u/s 324 IPC for causing hurt to petitioners. In both the crimes charge sheets were filed on 2.6.2009.” 3. In view of the above counter affidavit that charge sheets in both the offices were filed, no orders need be passed and the writ petition is accordingly closed. No costs. AVS ------------------------------- 05—10—2009