IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY TUESDAY, THE TWENTY THIRD DAY OF MARCH, TWO THOUSAND TEN WRIT PETITION No.6595 of 2010 Between: Mirza Mukaram Ali Baig. … Petitioner And The Sub-Inspector of Police, Uppal Police Station and another. … Respondents Counsel for the petitioner: Smt.K.Pallavi. Counsel for the respondents: AGP for Home. This Court made the following: ORDER:- This Writ Petition is filed for a Mandamus to declare the action of respondent No.1 in filing final report in Crime No.65 of 2004 (old), renumbered as Crime No.45 of 2010, as civil in nature, as illegal and arbitrary. The petitioner also sought for a consequential direction to the III Metropolitan Magistrate, Cyberbad, L.B.Nagar, to implead him as second complainant in the said Crime to enable him to file a protest petition to the final report filed by respondent No.1. The facts pleaded by the petitioner revealed that in respect of a common incident, the petitioner and respondent No.2 filed separate reports. The report given by the petitioner was registered as Crime No.493 of 2004 and the report given by respondent No.2 was registered as Crime No.65 of 2004, which is stated to be re-numbered as Crime No.45 of 2010. After investigation into Crime No.493 of 2004, the Police have submitted a final report before the jurisdictional Magistrate referring the same as civil in nature. As regards Crime No.45 of 2010, a similar report was stated to have been filed recently before the learned Magistrate concerned. In this Writ Petition, the petitioner seeks a direction to the leaned Magistrate to implead the petitioner as complainant No.2 to Crime No.45 of 2010. The petitioner failed to place reliance on any provision, either in the Code of Criminal Procedure, 1973 (for short “the Code”) or in the Criminal Rules of Practice and Circular Orders, 1990 (for short “the Rules of Practice”), under which a defacto-complainant can be arrayed as one of the complainants. Therefore, the relief claimed by the petitioner to this extent cannot be granted. However, in my opinion, the petitioner shall be free to file a protest petition to the final report filed by the Police in Crime No.493 of 2004, which was registered on his report. The petitioner is permitted to file a protest petition within a period of one month from today. If such a petition is filed, the jurisdictional Magistrate shall entertain and decide the same in accordance with law. Subject to the above, the Writ Petition is disposed of. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:23-3-2010 MNR