Vankayala Gopal Rao, v. State Of Andhra Pradesh, Rep.By Its Principal Secretary -
THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.35743 of 2016 ORDER:
This writ petition under Article 226 of Constitution of India is filed to declare the action of the 2nd respondent in registering FIR No.59 of 2016, dated 10.09.2016, against the petitioner, as illegal and arbitrary. Heard and perused the material available on record. The case of the petitioner is that the petitioner is a bona fide purchaser of the land to an extent of Ac. 2.70 cents in Survey No.826 of Pilutla Village in Machavaram Mandal, Guntur District, apart from other lands from one Dedukula Saidulu and Smt. Janbi Dudekula having purchased the same under a registered sale deed. The grievance of the petitioner is that the 3rd respondent made a complaint to the 2nd respondent against the petitioner and his vendors alleging that the vendors of the petitioner have executed a fake document for poramboke land adjoining to their land to an extent of Ac.4.09 cents in Survey No.135 and 826 of Pilutla Village and registered the said land to the petitioner.
Learned counsel for the petitioner submitted that though the facts in the complaint reveal that the dispute is civil in nature, the 2nd respondent has registered FIR No.59 of 2016 against the petitioner. Considering the grievance of the petitioner and the submission of the learned counsel for the petitioner, the 2nd respondent is directed to complete the investigation in FIR No.59 of 2016 as expeditiously as possible and file a final report, if any, either way in accordance with law, without arresting the petitioner.
Accordingly, the Writ Petition is disposed of. No costs. Pending Miscellaneous Petitions, if any, shall stand closed. _________________ RAJA ELANGO,J Date: 27th October, 2016 KL