THE HON’BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.24562 of 2010 ORDER: The main grievance of the petitioner in this writ petition is that the second respondent-Station House Officer, Kavali I Town Police Station, Kavali is not investigating into the case in Crime No.153 of 2007 on the file of Kavali I-Town Police Station and not recording the statements of the witnesses under Section 161 Cr.P.C in spite of several requests and representations made by him. A detailed counter-affidavit has been filed on behalf of the second respondent denying the petition averments and stating that based on the private complaint forwarded by the Additional Judicial Magistrate of First Class, Kavali, the then Station House Officer, Kavali I-Town Police Station registered a case in Crime No.153 of 2007 for the offences under Sections 506, 420 and 406 I.P.C and took up investigation; that the Investigation Officer has observed the scene of offence, examined the witnesses cited by the petitioner in his private complaint and recorded their detailed statements; that prima facie case was not made out against the accused in the said crime; that though the investigation was completed and final report was prepared, the same could not be filed before the learned Magistrate; that after verification of records, he tried to serve notice to the petitioner through PC 2502, but the petitioner refused to receive the same; that he sent notice to the petitioner through Registered Post with Acknowledgment Due dated 05.10.2010, and thereafter, filed the final report before the learned Magistrate on 07.10.2010 to refer the case as “False” and to issue referral proceedings, and the same is pending and that though there is some delay in filing the final report before the learned Magistrate, the same is neither willful nor deliberate. In view of the above counter averments, no further orders are required to be passed in this writ petition. However, if the petitioner is so advised, he is at liberty to file protest petition for re-investigation. With the above observation, the writ petition is disposed of. There shall be no order as to costs. N.V. RAMANA, J Date: 19.10.2010 va