M/S. Indstar Agritech Society v. The State Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.34805 of 2016 ORDER:

This writ petition under Article 226 of Constitution of India is filed complaining inaction on the part of the respondent-police in registering a case against the 6th respondent in pursuant to the complaint of the petitioner dated 6.9.2016.

The only grievance of the petitioner-society is that the society is the owner and possessor of the land to an extent of Ac.5.00 gts. situated at Pulimamidi Village, Kandukur Mandal, R.R.District. The 6th respondent who is nothing to do with the said land, with a view to extract money from the petitioner-society, lodged a complaint against the society and the police registered a case in Crime No.176 of 2016 on the file of 5th respondent for the offences under Sections 447 and 427 r/w 34 IPC. To protect the land, when the petitioner-society lodged a complaint before the respondent-police alleging trespass against the 6th respondent, no action has been taken.

Considering the grievance of the petitioner, the respondent-police are directed to consider the complaint of the petitioner dated 6.9.2016 and if it discloses a cognizable offence, register a case against the 6th respondent and after investigation, file a final report either way in accordance with law.

Accordingly, the writ petition is disposed of. No costs. Pending Miscellaneous Petitions, if any, shall stand closed. _________________ RAJA ELANGO,J 17.10.2016.

Tsr