Shaik Faqruddin v. The State Of Telangana

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.3717 OF 2019 DATED :06.03.2019 Between :

Shaik Faqurddin S/o.Mohd. Sarfuddin, Aged 40 yrs, Occu : Business, R/o.H.No.1-112/2, Kondapur, R.R.District.

..

Petitioner And The State of Telangana, Rep., by its Principal Secretary, Home Department, Secretariat, Hyderabad & others.

.. Respondents This court made the following :

- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.3717 OF 2019 ORDER :

Heard learned counsel for petitioner, learned Government Pleader for Home for respondents 1 to 7 and Ms. Naseem Ara, learned counsel for respondent No.11.

2.

Petitioner claims to be the owner of property No.4299/124/SC/51 and 4-299/124/SC/52 (Plot No.137) in Sy.No.124/part, admeasuring 122 Square yards and Plot No.137/A in Sy.No.124/Part, admeasuring 100 Square yards at Gopanpally Village, Serlingampally Mandal, Ranga Reddy District. Petitioner alleges that with reference to the subject property and even without registering crime, police are involving in civil disputes and affecting his right of privacy, personal liberty and right to live and the same is illegal. Petitioner also alleges that at the instance of unofficial respondents, police are interfering in civil disputes.

3.

Based on the written instructions furnished by the SubInspector of Police, Gachibowli Police Station, dated 27.02.2019, learned Government Pleader, submits that three crimes are registered against the petitioner i.e., Crime No.642 of 2018 under Sections 506 and 447 of Indian Penal Code (IPC) on 12.08.2018, Crime No.659 of 2018 under Sections 354 and 452 IPC on 18.08.2018 and Crime No.85 of 2019 under Sections 448, 323, 427 r/w.34 IPC on 12.02.2019. Petitioner is shown as accused in the above three crimes. It appears Crime No.834 of 2018 is registered under Section 447 and 506 IPC on

- 3 - 13.11.2018 based on the complaint filed by petitioner. Learned Government Pleader also submits that police are not interfering in civil disputes and they are only investigating into the crimes reported respectively.

4.

Having regard to the fact that three crimes are registered against the petitioner and one crime is registered as per the complaint of petitioner, it cannot be said that police are not entitled to investigate and merely because police are investigating into the crime, it cannot be said that police are interfering in civil disputes.

5.

Therefore, there is no merit in the writ petition. Writ Petition is accordingly dismissed. However, it is needless to observe that petitioner shall not be harassed and shall not be called to police station, unless required in the process of investigation. Pending miscellaneous petitions, if any, shall stand closed.

__________________ P.NAVEEN RAO,J 06th March, 2019 Rds