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High Court for State of TelanganaWP/21310/2011closed no costs

Smt.D.Sarswathamma v. The Director General Of Police, State Of Ap

2015-06-05Sanjay Kumar4 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.21310 OF 2011 DATED 05th JUNE, 2015 Between:

Smt. D. Sarswathamma and others .. Petitioners and The Director General of Police, State of A.P., Hyderabad and others .. Respondents

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.21310 OF 2011

O R D E R

The complaint of the petitioners in this case was that the police authorities

were interfering in their civil disputes with others and pressurizing them to execute certain documents.

The Sub-Inspector of Police, Guntakal Rural Police Station, Ananthapur District, filed a counter-affidavit denying the allegations leveled by the petitioners. He stated that the petitioners had submitted a petition to the Superintendent of Police, Ananthapur District, requesting him to initiate action against respondents 8 and 9 herein who were obstructing cultivation of the petitioners' lands. Upon receipt of this petition, a detailed enquiry was stated to have been conducted by the SubDivisional Police Officer, Guntakal, and a report was stated to have been submitted to the Superintendent of Police, Ananthapur District. It was in the context of this enquiry that the Sub-Divisional Police Officer, Guntakal Division, summoned the petitioners and the persons named in the petition, for investigation.

Upon such enquiry, it was found that the dispute was purely a civil dispute and the parties were accordingly advised to seek redressal before the competent civil Court. The allegation of the petitioners that the police authorities were harassing them to execute certain documents was denied. The Sub-Inspector of Police stated that except conducting an enquiry into the matter, there was no interference by the police authorities.

No reply affidavit was filed denying the aforestated counter averments. It is therefore clear that the police authorities were invited to interfere only upon the petition submitted by the petitioners themselves to the Superintendent of Police, Ananthapur. There is no proof of the police authorities having actually interfered in the petitioners' civil disputes. Needless to state, in the event the police authorities require the attendance of the petitioners in the course of investigation of any crime, they are bound to follow the due procedure laid down by law. In any event, in the present case, there is no indication of any criminal offence having been registered. The stand of the police authorities is therefore taken on record. The writ petition is accordingly closed. Pending miscellaneous petitions shall also stand closed. No order as to costs.

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SANJAY KUMAR, J 05th JUNE, 2015 Svv