K.Vijaya Bhaskar v. The State Of Telangana

HONOURABLE SRI JUSTICE P.NAVEEN RAO Between:

K.Vijaya Bhaskar, s/o. K.Beerappa, Aged about 38 years, occu: Business, r/o.H.No.1-59/23/1, Masjid Banda, Kondapur, Serilingampally, R.R.District.

.....Petitioner and The State of Telangana, rep.by its Prl.Secretary, Home Department, Secretariat, Hyderabad and others.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

This Writ Petition is filed alleging that 5th respondent is calling the petitioner to the Police Station at the behest of 6th respondent and threatening the petitioner to handover the land admeasuring 726 square yards in Sy.No.344/E of Puppalaguda village, Gandipet Mandal, R.R.district, thereby interfering in civil disputes.

2.

According to learned counsel for petitioner, based on the complaint filed, Crime No.98 of 2019 was registered against the petitioner though he is owner of the property and is in possession of the same. Based on the crime registered at the instance of 6th respondent, Notice under Section 41(A) of Cr.P.C. was issued on 07.02.2019 calling the petitioner to attend to Police Station. Accordingly, petitioner attended the Police Station. Learned counsel for petitioner submits that petitioner is forced to sit long hours in the Police Station and Police are threatening him with dire consequences to hand over the property to the 6th respondent.

It appears, from the nature of the complaint filed against the petitioner, the complainant alleged that petitioner illegally trespassed into the land in issue, threatened his watchman and, therefore, he complained. In the process of investigating into the complaint, Notice under Section 41(A) of Cr.P.C., was issued. It cannot be said that when the complaint is registered, Police cannot investigate and in the process of investigating into the crime cannot call the petitioner to the Police Station.

consequences and petitioner is made to sit in the Police Station, no material is shown in support of the said contention. Thus, relief as sought for cannot be granted. However, it is needless to observe that Police cannot interfere in a civil dispute except conducting investigation into the crime registered and he shall not unnecessarily harass the petitioner and shall not call the petitioner unless required in the process of investigation. Writ Petition is accordingly dismissed. Pending miscellaneous petitions shall stand closed.

___________________________ JUSTICE P.NAVEEN RAO kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO kkm