Dr.A.Mohan And Another v. The Stated Telangana And 5 Others

THE HON'BLE SRI JUSTI CE T.VI NOD KUMAR WRI T PETI TI ON No.5035 of 2020 O R D E R:

The present writ petition is filed to declare the action of the official respondents in interfering with the day to day affairs of the petitioners/family members/persons in connection with the with the Will of the petitioners' father by calling them to police station, in spite of the subject matter of Will being seized of by the learned III Additional Chief Judge, City Civil Court, Hyderabad, in O.S.No.875 of 2018, between the petitioners and the unofficial respondent 6, without following the due process of law, as illegal, arbitrary and colourable exercise of powers. 2.

Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Home.

3.

Learned Assistant Government Pleader for Home, on written instructions, dated 04.03.2020, a copy of which is placed on record of this Court, while denying the allegations made in the writ affidavit with regard to the respondent police interfering in the civil disputes of the petitioners, would submit that based on the complaint made by the 6th respondent, a case is registered against the petitioners in Crime No.64 of 2020 for the offence under Sections 463, 406, 417 and 420 read with Section 34 IPC on the file of Gopalapuram Police Station, on 18.02.2020, wherein the petitioners are arrayed as accused 2 and 3. By the said written instructions, it is also stated that except conducting investigation into the matter, the respondent police never interfered in the civil disputes of the petitioners, at any point of time.

4.

Having regard to the above said statement made on behalf of the respondent police that a case has been registered based on the complaint made by the 6th respondent in the present writ petition and is being investigated into in accordance with law, no further orders need be passed in the present writ petition.

5.

Subject to the above, the writ petition is closed. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

_____________________ JUSTI CE T.VI NOD KUMAR Date:05.03.2020 GJ