Thota Chinnaiah v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND FIFTEEEN PRESENT HONOURABLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION NO. 23529 OF 2011 Between:

Thota Chinnaiah ... Petitioner Vs.

The Inspector of Police, Udayagiri Police Station, Udayagiri Town & Mandal, SPSR Nellore district & Ors. ... Respondents Counsel for the Petitioner: Sri P. Sridhar Reddy Counsel for the Respondents: GP for Home Sri M.Srikanth Reddy The Court made the following: [order follows] HONOURABLE SRI JUSTICE A.V. SESHA SAI

WRIT PETITION NO.23529 OF 2011 O R D E R :

The sum and substance of the case of the petitioner in this writ petition is that the respondent police authorities are interfering with the civil disputes in between the petitioner and the third respondent.

2. A counter-affidavit deposed by the Sub-Inspector of Police, Sitarampuram Police Station, Nellore district is filed. In the said counter-affidavit it is stated that the respondents 1 and 2 never interfered with the civil disputes of the petitioner at any point of time. It is also stated that the third respondent lodged a complaint on 27/6/2011 with the respondent police and basing on the said complaint the police registered Crime No.23 of 2011 under section 448, 427 of IPC on the even date against the writ petitioner and others. It is also stated that during the course of investigation the accused were arrested on 1/7/2011 and charge sheet was filed on 22/7/2011 before the Court of Judicial Magistrate of First Class, Udaygiri vide CC.No. 147 of 2011. It is also stated in the said counter-affidavit that the petitioner herein lodged a complaint on 27/6/2011 with the Station House Officer, Seetharampuram Police

stating that the third respondent, his brother and others had tried to break open the lock of the shop and beat him and his relatives, as a result, they received bleeding injuries and basing on the said complaint the police registered Crime No.25 of 2011 under section 324 read with 34 IPC against the third respondent and others and the third respondent and others were arrested on 1/7/2011 and sent to judicial custody and after completion of investigation, charge sheet was filed on 22/7/2011 before the Court of Judicial Magistrate of First Class, Udaygiri vide CC.No.144 of 2011. It is also stated in the counter-affidavit at para No.6 that except registering the above said crimes against the petitioner and third respondent, the respondent police never interfered with the civil disputes with regard to the shop rooms bearing Gram Panchayat assessment No.1328 situated at Panchayat bus stand center, Sitarampuram village and Mandal, Nellore district, at any point of time.

3. While pointing out the said averments in the counteraffidavit, it is requested by the learned counsel for the petitioner to place on record the said written instructions and dispose of the writ petition.

4. In view of the above submission, this writ petition is disposed of in view of the averments in the counter-affidavit filed by the second respondent. No costs.

5. As a sequel, miscellaneous petitions if any, pending in this writ petition shall stand closed.

​ _____________________ JUSTICE A.V.SESHA SAI 16/12/2015 I s L HONOURABLE SRI JUSTICE A.V. SESHA SAI

WRIT PETITION NO. 23529 OF 2011 Date:16/12/2015 Circulation No.90 Court Master: I s L