1 APHC010477672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25156 OF 2025 Between: 1. G JAGADISH BABU, S/o. G. Nagaraju Aged 50 years, R/o. D.No.3-1-141, Railway Road, Hindupur, Sri Sathya Sai District. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Home Department, Secretariat, Amaravathi, Velagapudi, Guntur District. 2. The Superintendent of Police, Sri Sathya Sai, Sri Sathya Sai District. 3. The SubDivisional Police Officer, Penukonda, Sri Sathya Sai District. 4. The Station House Officer, I Town Police Station, Hindupur, Sri Sathya Sai District. 2 5. G Sreenivasulu, S/o. late G. Thippaiah, Agd 63 years, R/o. 3/1/144, Railway Raod, Hindupur, Sri Sathya Sai District. 6. G Meghanasree, D/o. G. Sreenivasulu, Aged 28 years, R/o. 3/1/144, Railway Raod, Hindupur, Sri Sathya Sai District. 7. Jayarangappa, S/o. Nagappa, Aged 57 years, R/o. D.No.3-29, P. Sadlapalli, Pulimathi, Lepakshi Mandal, Ananthapuramu. 8. Sreeram Nayak, S/o. Subba Naik late. Aged 52 years, Occ Sub registrar under suspension, R/o. Kalyandurgam Byepass Raod, Ananthapuramu District. 9. Ismail, S/o. Abdul Gaffar Sab late, Aged 52 years, OccJoint Sub Registrarm, Chilmathur, Hindupur, Sri Sathya Sai District. 10. Balaram, S/o. Chukkalapalli Prasad late. Aged 46 years, Lepakshi Mandal, Lepakshi, Hindupur, Sri Sathya Sai District. 11. D C Lakshminarayana, S/o. Anjinappa, Aged 39 years, Occ Document Writer, R/o. D.No.2/33, Kodigenahalli Village, Parigi Mandal, Hindupur, Sri Sathya Sai District. 12. Bhagya Shekar Reddy, S/o. not known, Aged major, OccJoint Sub Registrar-1, O/o. Sub Registrar office, Hindupur, Sri Sathya Sai District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to may be pleased to issue a writ, order or direction, more particularly one in nature of Writ of 3 Mandamus declaring the action of the respondent no.4 in not filing the charge sheet in Cr.No.9 of 2024 on the file of the I Town Police Station, Hindupur, Sri Sathya Sai District for the offence u/s.420, 120 (B), 467, 468 r/w 34 of I.P.C and section 153 of Cr.P.C against the respondent nos.5 to 11 as illegal, arbitrary and consequently direct the respondents forthwith to file charge sheet and to take necessary action against the respondent nos.5 to 11 and pass such IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents no.2 to 4 to take forthwith action and arrest the respondent nos.5 to 11 and also take necessary steps for filing of charge sheet in pursuant to the Cr.No.9 of 2024 on the file of the I Town Police Station, Hindupur, Sri Sathya Sai District pending disposal of the writ petition and pass such Counsel for the Petitioner: N ASWARTHA NARAYANA Counsel for the Respondents: GP FOR HOME The Court made the following order: 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25156 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a writ, order or direction, more particularly one in nature of Writ of Mandamus declaring the action of the respondent no.4 in not filing the charge sheet in Cr.No.9 of 2024 on the file of the I Town Police Station, Hindupur, Sri Sathya Sai District for the offence u/s.420, 120 (B), 467, 468 r/w 34 of I.P.C and section 153 of Cr.P.C against the respondent nos.5 to 11 as illegal, arbitrary and consequently direct the respondents forthwith to file charge sheet and to take necessary action against the respondent nos.5 to 11 and pass such..” 2. Heard Sri N.Aswartha Narayana, learned counsel for the petitioner, Sri Md.Farooq, learned Assistant Government Pleader for Home. 3. The case of the petitioner is that he lodged a private complaint before the Court of Judicial Magistrate of First Class, Hindupur, against the unofficial respondents alleging commission of offences relating to cheating and forgery in respect of immovable property. The learned Magistrate took cognizance and forwarded the matter under Section 156(3) Cr.P.C., pursuant to which Crime No.9 of 2024 was registered in Hindupur I Town Police Station on 18.01.2024. The grievance of the petitioner is 5 that though the crime was registered more than one and half years ago, no charge sheet has been filed, despite his repeated representations to the higher police authorities and even through PGRS grievance mechanism. It is, therefore, prayed that a direction be issued to the police to file charge sheet against the unofficial respondents. 04. On the other hand, the learned Assistant Government Pleader for Home, on instructions, submitted that during investigation, the Investigating Officer examined the complainant and sixteen other witnesses, recorded their statements, and seized documents pertaining to the disputed land. It was found that the dispute between the petitioner and the alleged accused relates to property situated in Sy.No.307/1, Pulamathi Village, Lepakshi Mandal, and civil litigation in respect of the same is pending since 1998. Several sale deeds, gift deeds and partition deeds have been executed during this period and civil suits/appeals are pending adjudication before competent civil courts. It is further stated that on scrutiny of records furnished by the Sub-Registrar, Hindupur, it was revealed that the alleged transactions were registered at the Sub-Registrar Office, Chilamathur, and not within the territorial jurisdiction of Hindupur I Town Police Station. The matter was therefore referred for legal opinion, and the Additional Public Prosecutor opined that until the civil court renders a final decision, it cannot be concluded whether any cheating was committed by the unofficial respondents. As the dispute is essentially civil in nature, the Sub-Divisional Police Officer, Hindupur, approved the proposal of the Investigating 6 Officer to refer the case as “Civil in nature,” vide proceedings C.No.277/Genl/SDPO-HDP/2025 dated 30.06.2025. 05. Learned counsel for the petitioner, in view of the said developments, submits that the petitioner may be permitted to pursue his remedies before the competent civil court. 06. Having considered the submissions and the material placed before this Court, it is evident that the dispute between the petitioner and the unofficial respondents pertains to civil disputes. Once the police have concluded investigation and referred the case as civil in nature, and in view of the pendency of civil proceedings, this Court is of the opinion that no further orders are required in the present writ petition. 07. Accordingly, this Writ Petition is disposed of, granting liberty to the petitioner to pursue his remedies before the competent civil court where the proceedings are already pending between the parties. There shall be no order as to costs. As a sequel, miscellaneous applications, if any pending, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 18.09.2025. KKV 7 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25156 OF 2025 18.09.2025 KKV