Y. Siva Prasada Rao v. The State

This writ petition is filed seeking mandamus declaring the action of respondents-Police in not taking steps to complete investigation in Cr.No.103/10 on the file of Salur Town Police Station, Vizianagaram District, as illegal and arbitrary. Petitioner appears to have filed a written complaint on

14-08-2010 before the first respondent alleging that one Sri Arisetti Suryanarayana, S/o.Gunnayya Gupta approached him by stating that an extent of Ac.2.33 cents of land belonging to Sri Raja Vikrama Chandra Sanyasi Raju, Salur Zamindar, is available for sale and introduced the said Zamindar and his Estate Manager Sri P.B. Srinivas. In the said complaint, it is stated that the petitioner purchased the aforesaid extent of land by paying Rs.7.00 to Salur Zamindar and Rs.2,15,000/- to his Estate Manger Sri P.B. Srinivas and incurred Rs.1.00 lakhs towards registration charges and got the said land registered and when he tried to sell the said land to one Sri Potnuru Rama Janardhana Rao, he found that the said Salur Zamindar had no right to alienate the property and the property is registered in the name of Government Water Pond; thus he was cheated by the said Salur Zamindar and two others. Based on the complaint of the petitioner, a case in Cr.No.103/2010 under Section 430 of the Indian Penal Code, 1860 was registered and investigation was taken up.

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing respondents-Police. Respondent No.1 has filed counter-affidavit on behalf of the respondents. In the counter-affidavit, it is stated that pursuant to registration of crime, investigation has been taken up and as many as five witnesses have been examined and their statements recorded. It is further stated necessary documents relating to the land in question are being collected and it seems, there is a civil dispute between the Salur Zamindar and the Government and after collecting necessary documents; further action will be taken as per law. Although it is the case of the petitioner that no steps are being taken by respondents-Police pursuant to registration of crime basing on his complaint, as is evident from the counter- affidavit filed by respondent No.1, investigation has been started, five witnesses have been examined and statements recorded.

The counter-affidavit further states that there are civil disputes pending between the Salur Zamindar and the Government in different courts and after collecting necessary documents, investigation will be completed. As much as respondents-Police have acted upon the complaint of the petitioner and are conducting investigation, which is stated to be in an advanced stage, I dispose of the writ petition directing respondents-Police to conclude the investigation as expeditiously as possible preferably within a period of two months from today and file an appropriate final report in the matter. No order as to costs. ___________________ (R. SUBHASH REDDY, J) February 8, 2011 MRR