Hafiz Mohd. Abdul Khader Zahid v. The Commissioner Of Police,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.30054 of 2010 ORDER:

Heard the learned counsel for petitioner and the learned Government Pleader for Home for respondents.

2.

The petitioner states that there is a registered Mosque called Masjid-Al-Badar at Balapur Village, Saroornagar Mandal, Ranga Reddy District. The petitioner, being the Wakif and Muthavali, has been managing and supervising the wakf property. His case is that when some antisocial elements tried to forcibly occupy the wakf property on 30.10.2010, he lodged a complaint before the respondents, and when no action was taken by the respondents, the petitioner filed the present writ petition.

3. A counter-affidavit was filed by the second respondent stating that the petitioner submitted a complaint dated 03.11.2010 addressed to the second respondent marking copies of the same to the Assistant Commissioner of Police, Shamshabad Division and Deputy Commissioner of Police. Upon receipt of the complaint, the Assistant Commissioner of Police, Shamshabad Division endorsed it to the second respondent on 17.12.2010. On endorsement of the complaint, a case in Crime No.499 of 2010 was registered under Section 448 IPC and investigation was taken up. It was also stated that the petitioner earlier filed a complaint on 16.11.2009 against the same persons and a case in Crime No.459 of 2009 was registered, and after completion of investigation, the complaint was referred as "mistake of fact" on 31.01.2010.

4. In view of registration of Crime No.499 of 2010, no relief can be granted in the present writ petition and it is accordingly dismissed. No order as to costs. Miscellaneous petitions, if any pending, shall stand

closed.

______________________________ A.RAMALINGESWARA RAO, J Date: 21.03.2016 TJMR