Criminal Petition No. 3520 of 2009 · Andhra Pradesh High Court

This petition is filed under Section 482 Cr.P.C to quash the F.I.R.No.298 of 2009 of Penamaluru Police Station, Vijayawada, Krishna District, registered under Sections 341, 447, 506 r/w 34 IPC. Heard. The learned counsel for the petitioners submitted that the 2nd respondent has already filed a suit in O.S.No.1424 of 2003 on the file of the II Additional Junior Civil Judge, Vijayawada for declaration of the sale deed dated 6.2.2003 in favour of the 1st petitioner as null and void in the year 2003 and the same was dismissed by judgment and decree dated 15.2.2007. Against which the 2nd respondent has preferred an appeal in A.S.No.88 of 2007 on the file of VII Additional District Court, Vijayawada. The entire case is arising out of some civil disputes between the 2nd respondent/defacto- complainant and the 1st petitioner. He further submitted that while pendency of the civil suits, the 2nd respondent has lodged a complaint alleging that the 1st petitioner trespassed into her lands and committed the other offences; that the previous complaint lodged by the defacto-complainant was investigated by the police and referred the same as the matter is civil in nature; that the present complaint is lodged on the same set of facts and hence he prays to allow the petition. On perusal of the entire material available on record, it is evident that the present complaint is lodged by the 2nd respondent before the concerned Magistrate and the same was referred to the 1st respondent police under Section 156(3) Cr.P.C for enquiry and report and the same is pending investigation before the 1st respondent police. Considering the above facts and circumstances of the case, this Court is of the view that since the police already investigated the earlier complaint lodged by the 2nd respondent and referred the matter as civil in nature, the Investigating Agency cannot be directed to investigate the matter, which is filed on the same set of facts. However, once a case is registered as per the direction of the Magistrate under Section 156(3) Cr.P.C, it is the bounden duty of the Investigating Officer to complete the investigation and file a final report. Accordingly, the Station House Officer, Penamaluru Police Station, Vijayawada, Krishna District, is directed to complete the investigation of the case without arresting the petitioners and file the final report either way.