IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD HON’BLE Mr. JUSTICE R. SUBHASH REDDY Writ Petition No.1152 of 2005 Dated: December 12, 2007 Between: Podugu Subhash, S/o. Hussain, aged 24 years, R/o.10-145/2, Azadnagar, Kodad Town, Nalgonda Town. … Petitioner And The State of Andhra Pradesh through S.H.O. Kodad Police Station, Kodad, Nalgonda District, and another. … Respondents Order: Petitioner seeks a Writ of Certiorari to quash C.C.No.11 of 2005 on the file of the Judicial Magistrate of First Class, Kodad, which was registered against him under Sections 406, 417 and 420 of the Indian Penal Code. 2. M/s. Reliance Infocomm, represented by one Mr. Bodla Chandra Sekhar, filed a private complaint before the Judicial Magistrate of First Class, Kodad, showing the petitioner herein as the accused. In the said complaint, it was alleged that the petitioner had obtained a cell phone connection by agreeing for the terms and conditions; however having used the cell pone, he failed to pay the bill amount to the tune of Rs.17,887/-. As such, it was alleged that the petitioner committed offences punishable under Sections 406, 417 and 420 of the Indian Penal Code. Based on the said complaint, the matter was referred to the Police for investigation under Section 156 (3) of Cr.PC. Pursuant to such reference, C.C.No.11/05 was registered for the alleged offences referred above. 3. The case of the petitioner is that the dispute is purely civil in nature and even taking the complaint as it is, no case is made out to allege that he is liable for the offences with which he is charged. As such, he seeks directions to quash C.C.No.11/05 registered against him. 4. However, it is to be seen that pursuant to reference made by the Judicial Magistrate of First Class, a case was registered and investigation has commenced. Even before a final report is filed before the competent Magistrate, petitioner approached this court and obtained an interim order. I have perused a copy of the complaint filed by the complainant-Company. Though I am satisfied that the dispute raised by the complainant is purely of a civil nature, however, final report has not yet been filed by the Police. As much as the very investigation is under process, in the absence of any justifiable grounds to interdict the investigation, no relief can be granted to the petitioner in this writ petition by issuing directions as prayed. 5. In the circumstances, I dispose of the writ petition permitting the petitioner to apprise to the first respondent that the dispute raised by the second respondent is purely of civil nature and that no offence is made out against him. No order as to costs. __________________________ JUSTICE R. SUBHASH REDDY. December 12, 2007 MRR