S.Maldakal, Mahaboobnagar Dist And Another v. Prl Secy, Dept Of Home, Govt Of Telangana, Hyd And 3 Others

HON'BLE SRI JUSTI CE P. KESHAVA RAO W RI T PETI TI ON No.2 3 2 1 7 of 2 0 1 4 ORDER:

There is no representation on behalf of the petitioners. 2.

The prayer sought in the writ petition is as under: "...this Hon'ble Court may be pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in not investigating into the matter against the accused persons in Crime No.108/ 2013 registered Under Sections 195, 324, 420, 450, 506 R/ W. Sec.34 IPC on 19-10-2013 and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

3.

The learned Government Pleader appearing for the respondents 1 to 4 placed on record the written instructions dated 01.09.2014 issued by the Sub-Inspector of Police, Ieeja Police Station, Mahabubnagar District.

4.

From a perusal of the said written instructions, it is revealed that on the complaint given by the second petitioner, a case in Cr.No.108 of 2013 for the offence under Section 195, 324, 420, 450, 506 read with 34 of the Indian Penal Code was registered on the file of the Ieeja Police Station.

During the course of investigation, the complainant as well as five witnesses were examined and their statements were recorded. From the investigation conducted, it was revealed that there was a civil dispute between the complainant and the accused persons with regard to the land in Sy.No.403/ A situated at Chinna Thandrapadu Village, Ieeja Mandal, Mahabubnagar District. From further enquiries, it was revealed that the complainant lodged a false complaint against the accused persons. Therefore, after obtaining orders from the SDPO, Gadwal, a final report was filed referring the case as false on 26.12.2013 before the learned Judicial First Class

Magistrate, Gadwal. In fact, the complainant refused to receive the notice in the presence of the Village Revenue Officer, Ieeja and the same has been informed to the learned Magistrate, while filing the final report.

5.

In that view of the matter, this Court is of the opinion that there are no merits in the writ petition and the same is liable to be dismissed.

Accordingly, the writ petition is dismissed. As a sequel thereto, pending miscellaneous petitions, if any, shall stand dismissed. There shall be no order as to costs.

________________ P. KESHAVA RAO, J December 11, 2019 DSK