HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.31956 of 2010 Date : 19.01.2011 Between : M. Venkatadri. …..Petitioner And The Commissioner of Police, Cyberabad & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.31956 of 2010 ORDER : This writ petition is filed, seeking directions by way of Mandamus, directing the 1st respondent to appoint an investigating officer other than respondents 2 to 4, to investigate into the complaint filed by him, and take appropriate action against respondents 2 to 4 for dereliction of duty, and also to provide protection to him. The petitioner claims that he is the owner and possessor of house bearing No.B-166, LIG (6-2-186-New) in Phase-I of Vanasthalipuram in Ranga Reddy District. He approached the Police on 8th of December 2010 at 19.00 hours, stating that he purchased the aforesaid house in the year 2001 from the Hyderabad Urban Development Authority and is in peaceful possession and enjoyment of the same. It is his case that the 5th respondent herein has offered to purchase the said house from him for Rs.30 lacs in the year 2006, but, by merely paying Rs.13 lacs, the 5th respondent has fraudulently created a registered sale deed in the name of his wife, as such, he filed a suit before the VII Additional Senior Civil Judge, Ranga Reddy District, for cancellation of said sale deed. In the complaint, it is further alleged that on 8th of December 2010, the 5th respondent, along with some others, has criminally trespassed into the petitioner’s house and tried to dismantle the same, with an intention to kill them. It is also stated in the complaint that valuable goods and gold articles were taken away by the aforesaid persons. On the aforesaid complaint, a crime was registered in Crime No.916/2010 for the offences under Sections 448 and 427 of IPC and investigation was taken up. In this writ petition, it is the grievance of the petitioner that respondents 2, 3 and 4, in collusion with respondents 5 and 6, are not conducting proper investigation into the aforesaid crime, as such, he seeks directions for change of investigating officer. Based on the written instructions, it is submitted by the learned Government Pleader that on receipt of complaint from the petitioner, a crime was registered in Crime No.916/2010 for the offences under Sections 448 and 427 of IPC, and as the evidence collected during the investigation corroborated the facts in the FIR, respondents 5 and 6 were arrested on 21.12.2010 and were remanded to judicial custody. It is further stated that after completion of investigation, final report is already filed on 28th of December 2010 and the same is yet to be taken on file by the learned Magistrate. Although the petitioner is seeking for change of investigating officer, in this case, after completion of investigation, prima facie accepting the contents in the complaint, the final report is already filed against respondents 5 and 6 herein. In that view of the matter, there is no reason to doubt the investigation made by the official respondents. In any event, as it is stated that the final report is already filed on 28th of December 2010, it is open for the petitioner to file his objections/protest petition to such final report, but at this stage, he cannot seek the directions as prayed for. For the aforesaid reasons, keeping it open to the petitioner to file protest petition/objections to the final report, this writ petition is dismissed. No order as to costs. ______________________ R. SUBHASH REDDY, J 19th January 2011 ajr