Syeda Husna, v. The Sub Inspector Of Police (Mr. Nippun Suman),
THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.40258 of 2012 ORDER:
Petitioner No.1 states that she along with her husband went to Bahadurpura Police Station to give a complaint against two persons and their supporters as they came to their house in the absence of her husband and threatened her. On the basis of the said complaint, F.I.R. No.57 of 2012 was registered, however, the husband of petitioner No.1 was taken by Mirchowk Police and was detained. Later on, the petitioners came to know that the accused in F.I.R.No.57 of 2012 gave a complaint against the husband of petitioner No.1 and in connection with the said complaint the husband of petitioner No.1 was detained in the police station. It was also alleged in the affidavit filed in support of the writ petition that the Sub-Inspector of Police of Mirchowk Police Station took the thumb impressions of the husband of petitioner No.
1, beat him and wanted to settle the dispute for an amount of Rs.6,00,000/-. He also took two sale deeds covering an extent of 100 square yards each belonging to petitioner No.1 and her husband as security for release of her husband and to enforce the compromise. The documents were handed over to the Circle Inspector of Police Station and thereafter, the husband of petitioner No.1 was released. In those circumstances, this writ petition was filed challenging the action of respondents in taking away the sale deeds of petitioners bearing document Nos.524 and 525 of 2008 in connection with Crime No.58 of 2012, registered at Mirchowk Police Station.
A counter affidavit was filed by respondent No.2 stating that pursuant to the complaint in Crime No.58 of 2012, investigation was done and a charge sheet was filed before the Court of VIII
Additional Chief Metropolitan Magistrate, Hyderabad, against petitioner No.2 and the same was taken on file in C.C. No.790 of 2012 and petitioner No.2 was facing trial in the said case. The counter affidavit specifically denies the taking of two sale deeds covering an extent of 100 square yards belonging to petitioner No.1 and her husband as security to release her husband. Today when the case is taken up for consideration, learned counsel for the petitioners submits that Committees were constituted vide G.O. Ms.No.288 of Home (PS & C.A2) Department dated 06.11.2010 to monitor the cases of interference of police in civil disputes and the petitioners would approach the appropriate Committee in connection with the present dispute.
In the above circumstances, this writ petition is disposed of giving liberty to the petitioners to approach the Commissioner of Police, Hyderabad, for placing their case before the Committee constituted at Hyderabad Police Commissionerate level in order to decide the dispute in accordance with law. No order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
_______________________________ A.RAMALINGESWARA RAO, J 22.02.2016 MVA