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High Court for State of TelanganaWP/4305/2019disposed of no costs

Nimmala Laxmamma v. The State Of Telangana

2019-03-11P Naveen Rao3 pages

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.4305 OF 2019 Dated:11.03.2019 Between:

Nimmala Laxmamma, W/o. Late N. Raghu, Veeraiah, aged about 79 years, occ: Housewife, and others .. Petitioners And The State of Telangana, rep., by its Principal Secretary (Home), Secretariat, Hyderabad, State of Telangana and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.4305 OF 2019 ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Home appearing for respondents 1 to 4. 2.

Petitioners claim that their right to life and liberty is affected and police are unnecessarily calling them to police station and insisting to settle the civil dispute with respondent No.5 in pursuance of the Development Agreement-cum-General Power of Attorney, dated 27.04.2017.

3.

Learned Government Pleader for Home, based on written instructions furnished by the Sub-Inspector of Police, Miyapur Police Station, dated 05.03.2019, would submit that Crime No.10 of 2019 was registered in Miyapur Police Station on 04.01.2019 for the offences punishable under Sections 420 and 406 I.P.C. and investigation is taken up. However, he denies the allegation of interference in civil disputes by the police authorities. 4.

Admittedly, in the process of investigation, it is always open to the police to visit the scene of offence and also call upon the accused to respond to the complaint lodged. Merely because police are calling the petitioners to police station would not amount to interference in civil dispute. However, what is required by the police is only to investigate into the complaint filed and file final report. Hence, police shall not unnecessarily call the petitioners to the police station, unless they are required in the process of investigation. Further, police shall not interfere with the civil

dispute between the parties in the guise of conducting investigation into the crime registered against the petitioners. 5.

The Writ Petition is accordingly disposed of. 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:11.03.2019 KH