Dandu Pratap v. The State Of Telangana

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.4289 OF 2019 Dated:08.03.2019 Between:

Dandu Pratap, S/o. Late Dandu Komaraiah, Aged about 48 years, Occ: Business, R/o.H.No.4-84, Prashanth Nagar Colony, Quthubullapur Mandal, Medchal-Malkajgiri District and others .. Petitioners And The State of Telangana, rep., by its Principal Secretary to Home Department, Secretariat Buildings, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.4289 OF 2019 ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Home appearing for respondents 1 to 5. 2.

One M. Madhusudhan Rao lodged a complaint alleging trespass into his property by S. Narender Reddy, Ramulu Yadav, Sagar Reddy, Yadagiri and others. Based on the said complaint, Crime No.538 of was registered under Sections 447, 427 and 506 I.P.C. on the file of the Pet Basheerbad Police Station, on 18.08.2017. Petitioners herein claim to have purchased the subject property from M. Madhusudhan Rao - complainant. This Writ Petition is filed alleging that even though the crime was registered as long back as on 18.08.2017, unofficial respondents 6 to 18 are not arrested and only a notice under Section 91 (160) Cr.P.C. was issued and therefore, the same is illegal.

3.

Learned Government Pleader for Home produced a photocopy of the notice in proforma issued to M. Madhusudhan Rao - complainant. According to learned Government Pleader, the said notice was served on the complainant on 28.12.2017 and as the petitioners are not the complainants, no information was given to them. The notice indicates that the complaint registered in Crime No.538 of 2017 was closed due to lack of evidence. 4.

It is not known as to whether the petitioners were not aware of the reply given by the police, but they pleaded ignorance and instituted the Writ Petition alleging inaction on

the complaint filed by M. Madhusudhan Rao, whereas the said complaint was acted upon and closed long ago, as is evident from the photocopy of the notice produced before this Court by the learned Government Pleader. Thus, no case is made out for interference by this Court.

5.

The Writ Petition is accordingly dismissed. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:08.03.2019 KH