HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No. 27573 of 2009 ORDER: In this writ petition, the petitioner seeks a writ of mandamus to declare the action of respondents in not taking action in pursuance of Crime No. 140 of 2009, registered on the file of the VII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad as illegal and arbitrary. A consequential direction was also sought to arrest the accused in the said Crime. The petitioner is the complainant. He filed a private complaint before the VII Additional Chief Metropolitan Magistrate, Hyderabad against ten individuals, alleging that there was trespass into the ancestral property of the petitioner, which is known as “Masjid-e-Fuqrai Siraj-e-Mohammadi and a mosque. It is the grievance of the petitioner that though the respondents have got no right, they have encroached into the land belonging to the mosque and raised illegal constructions. On the basis of such complaint, the matter was referred to the police for investigation under Section 156(3) of Cr.P.C., and a case was registered in Crime No. 140 of 2009 under Sections 427,447,448, 506,120(B) read with 34 of I.P.C. On instructions, learned Government Pleader for Home, appearing on behalf of the respondents has submitted that on the basis of the complaint forwarded by the learned Magistrate, investigation has been commenced into the case and the statement of the petitioner was recorded with a request to furnish the relevant documents and to produce the witnesses. It is also stated that subsequently, the A.P. State Wakf Board has constituted a Managing Committee in respect of the mosque in question vide its proceedings bearing No. 7/RR/C/2009, dated 10.7.2009. Though the petitioner in this writ petition is seeking directions to take action against those ten individuals referred to in the complaint filed by him and to arrest them, for the reasons best known to him, the petitioner did not make those individuals as parties to the present writ petition. However, in view of the submission of the learned Government Pleader that investigation has been initiated into the matter and the same is in progress, it cannot be said that the respondents have not taken any action in the matter. In the circumstances, I do not find any merit in the writ petition and the same is accordingly dismissed. No costs. ____________________ R. SUBHASH REDDY,J Date: 1st July, 2010 pnb