Piniti Eeshwar Rao, W.G.Dist v. Superintendent Of Police, W..Gist And 2 Others

HON'BLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.15646 of 2013 ORDER:

Heard the learned counsel for the petitioner as well as the learned Government Pleader appearing for respondent Nos.1 to 3. The prayer sought in the writ petition is as under: "... Hon'ble Court may be pleased to issue writ or order more particularly one in the nature of writ of mandamus declaring the action of the official respondents of causing illegal and unlawful interference in civil dispute against the petitioner as arbitrary, illegal, colorable exercise, of power and violative of fundamental rights guaranteed to petitioner under Articles 14, 19 and 21 of the Constitution of India and which is an unwarranted interference in civil disputes of the official respondents."

The basic grievance of the petitioner in the present writ petition is that the respondents at the instance of the local ruling party politicians are interfering in the civil disputes between the petitioner and others and pressuring him to resolve the same. During the course of hearing, the learned Government Pleader placed on record letter dated 20.10.2016 received from the Deputy Superintendent of Police, SC, ST, Cell-1, Eluru, West Godavari District.

A perusal of the said letter would reveal that on a complaint given by one Marakala Murali, the II Town Police Station, Eluru, registered a case in Crime No.154 of 2013 on 23.05.2013 for the offence under Sections 324 and 323 read with Section 34 IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Pursuant to the said registration of the crime, investigation was conducted. In the said letter it is specifically mentioned that investigation has already completed and the acquisition against A1 and A2 are proved. In fact, A1 and A2 were also arrested on 06.06.2013 and the case is

pending since 2013 onwards. However, in the light of the interim orders passed by this Court, the final report could not be filed before the concerned Court. It is also specifically mentioned that the respondent police are not interfering in the civil disputes between the petitioner and others. A copy of the said letter along with enclosures is made part of the record.

In the light of the said statements made in letter dated 20.10.2016 by the Deputy Superintendent of Police, this Court is of the opinion that no further orders are required. Accordingly, the writ petition is closed. However, it is made clear that this order will not preclude the respondent police from filing the charge sheet before the concerned Court. Miscellaneous petitions, if any, shall also stand closed. _____________________ P. KESHAVA RAO, J Date: 06.11.2018.

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