Venukadasula Peddanna Sharma v. The State Of Telangana

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.6689 OF 2019 Dated : 15.04.2019 Between:

Venukadasula Peddanna Sharma .. Petitioner And The State of Telangana, Department of Home, Secretariat, Saifabad, Hyderabad, Rep. by the Principal Secretary and others. .. Respondents

PNR, J W.P.No.6689 of 2019 THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.6689 of 2019 ORDER:

Heard.

2.

Petitioner claims to be the owner of a residential house bearing No.8-1-204/ 2018, admeasuring 305.00 square yards, situated at Shivajinagar, Secunderabad. The petitioner alleges that the unofficial respondents, having no right, title and interest over the subject property, to defeat the claims of the petitioner, pending suit in O.S.No.506 of 2016 in the Court of Junior Civil Judge, City Civil Court, Secunderabad and O.S.No.216 of 2017 in the Court of XII Additional Chief Judge, City Civil Court, with the help of police are harassing and humiliating the petitioner effecting his life and liberty. 3.

When the matter is taken up, learning Government Pleader submitted that earlier Crime No.56 of 2014 was registered against the petitioner and on completion of investigation, charge sheet is filed. The jurisdictional Magistrate took cognizance of the crime and signed C.C.No.1280 of 2017 and the case is pending at the stage of trial in the Court of XXII Additional Metropolitan Magistrate, Secunderabad. He further submits that on the complaint filed by the unofficial respondents, Crime No.48 of 2019 is registered on 23.03.2018 in the Market Police Station, Secunderabad. Since crime is already registered, it cannot be said that the police is not entitled to investigate into the crime reported and in the course of investigation

PNR, J W.P.No.6689 of 2019 calling upon the petitioner to come to the police station cannot be said to be an abuse of law and the allegation that the respondents - police are interfering with the civil disputes is no more valid. 4.

At this stage, learned counsel for the petitioner submits that on 14.04.2019, some people have broke open the lock and illegally entered into the house of the petitioner and forcibly taken possession. He submits that the photograph and video obtained at the scene of offence would show that it is an illegal act.

5.

The Court is not expressing any opinion on the statement of the learned counsel for the petitioner, as it is not the subject matter in the present Writ Petition.

6.

Hence, leaving it open to the petitioner to work out remedies on the incident that took place on 14.04.2019, the Writ Petition is disposed of. There shall be no order as to costs.

7.

As a sequel thereto, Miscellaneous Petitions, if any, pending, shall stand closed.

______________________ JUSTICE P.NAVEEN RAO 15.04.2019 NOTE:

Issue CC in three days.

B/ o.

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