IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 19251 of 2001 Between: Namala Satyanarayana, S/o.Late Nookaraju, Partner of Ramachandra Automobiles (Reg.) R/o.Laxmidevipeta, Anakapalle P.O., Visakhapatnam. ..... PETITIONER AND 1 The S.I. of Police, Anakapalle Town P.S., Anakapalle P.O., Visakhapatnam District. 2 The Superintendent of Police (Rural), Visakhapatnam District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ, order or direction in the nature of Mandamus, declaring the in action of the first respondent in not investigating Crime No.141/2001 registered on 1.7.2001 under section 419, 420, 477-A, 406, 506 read with 34 I.P.C. in accordance with Criminal Procedure Code relating to cognizable and non-bailable offences as being illegal, unjust, arbitrary and violative of Articles 14 and 21 of Constitution of India and pass. Counsel for the Petitioner:MR.E.V.BHAGIRATHA RAO Counsel for the Respondents: GP FOR HOME The Court made the following : ORDER: The petitioner seeks a writ of mandamus declaring the inaction of the first respondent in not investigating the crime and not filing the report, as illegal and arbitrary. A counter has been filed by the respondents stating that after registering the Crime No.141 of 2001 for the offences under Sections 419, 420, 477-A, 406, 506 r/w 34 IPC, the statement of the petitioner was recorded on 06.07.2001 and the investigation was commenced and the investigation revealed that the matter pertains to civil in nature and the report was also obtained from the Sub-Divisional Police Officer referring the case as ‘civil in nature’. If the report is not filed before the criminal Court concerned, the first respondent shall file the same without any loss of time so as to enable the petitioner either to file protest application or a private complaint. In view of the fact that the investigation has already been completed, the subject matter of the writ petition has become infructuous and is liable to be dismissed. Accordingly, the writ petition is dismissed as infructuous. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:09.04.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TML}