THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.27027 OF 2008 Dt.06-09-2010 Between: Smt. B. Satyanarayanamma W/o. B. Mohan Rao and another …. Petitioners AND The Circle Inspector of Police, II town Police Station, Kurnool city, Kurnool and another …. Respondents THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.27027 OF 2008 ORDER: This Writ Petition is filed seeking Mandamus to declare action of respondent No.1, influenced by the respondent No.2, in calling the petitioners to police station without registration of any complaint and threatening petitioner No.1 that petitioners will be implicated in false criminal cases if petitioner No.1 do not convince the legal heirs of late Sharoof Nagappa (executor of General Power of Attorney in favour of petitioner No.1) to execute the sale deed in favour of respondent No.2, though the civil suits filed by petitioner No.1 and respondent No.2 regarding the same subject matter are pending before the Civil Court for adjudication, as arbitrary and illegal. 2. The case of the petitioners is that there are some civil cases pending between petitioner No.1 and respondent No.2 as to the housing plots in Survey Nos.249 and 250 situated at Nannoor Village, Orvakal Mandal, Kurnool District and that respondent No.1 being influenced by respondent No.2, without there being any complaint whatsoever, harassing the petitioners by calling them to the police station and threatening them to implicate petitioner No.2 in a criminal case if petitioner No.1 did not behave as they like, in procuring a sale deed executed by the legal heirs of Sharoof Ngappa. 3. There is no necessity of going into all the details. Respondent No.1 filed a detailed counter stating that respondent No.2 has filed a private complaint under Section 200 Cr.P.C. against petitioner No.2 before the learned Additional Judicial Magistrate of First Class at Kurnool for the offences punishable under Sections 406 and 420 IPC and that on receipt of the said complaint, it was sent to the Orvakal Police Station, Kurnool for investigation and report under Section 156 (3) Cr.P.C. and on receipt of the report, a case in crime No.211 of 2008 under Sections 406 and 420 was registered on the file of the Orvakal Police Station and that subsequently on the point of jurisdiction, the said case was transferred to the II Town Police Station, Kurnool and the same was registered as Crime No.354 of 2008 on the file of the II Town Police Station, Kunool District on 04-12-2008 and respondent No.1 has taken up the investigation. It is further stated in the counter that petitioner No.1 was shown as sole accused in the said FIR and respondent No.1, being the Investigating Officer, examined the complainant and recorded detailed statement under Section 161 (3) Cr.P.C. Investigation is still pending for want of examination of some more witnesses and that necessary action will be taken against the accused in the FIR depending on the evidence adduced during the course of investigation and all the other allegations made by the petitioners are denied by respondent No.1. 4. In the facts and circumstances of the case, the Writ Petition is disposed of directing respondent No.1 not to harass the petitioners or their family members by calling them to the police station for settling any of the civil disputes pending between the petitioners and respondent No.2. However, this will not preclude respondent No.1 from proceeding with the criminal case already filed against the petitioners. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. _____________ C.V. RAMULU, J September 06, 2010. KTL