T. Inna Reddy, v. The State Of Telangana, Rep. By Its Principal Secretary,

THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.35797 OF 2016 ORDER:

The writ petition is filed by the petitioner seeking a writ of Certiorari by calling for the records relating to F.I.R.No.595 of 2016 on the file of the fourth respondent as illegal and arbitrary, and consequently, to quash the same. Heard and perused the material.

Learned counsel for the petitioner submits that without therebeing any cognizable offence committed by the petitioner, the fourth respondent registered the F.I.R., under Section 145 of Code of Criminal Procedure (CrPC), which is illegal and arbitrary. He further submits that the fourth respondent has no power to register F.I.R., under Section 145 CrPC. Admittedly, the said F.I.R., reveals that there is a law and order problem in connection with land disputes. This Court is of the view that if there is any apprehension of law and order problem, it is for the respondents to address a letter to the Revenue Authorities to invoke the provision under Section 145 CrPC., and the registration of F.I.R, by the fourth respondent by invoking Section 145 CrPC., is illegal in nature. Hence, the F.I.R., which is under challenge is hereby quashed.

It is made clear that this order will not stand in the way of the respondents to address a letter to the revenue authorities for invoking provision under Section 145 CrPC., if there is any apprehension of law and order problem in that area. The writ petition is accordingly disposed of. Consequently, miscellaneous petitions, if any shall also stand disposed of. _____________________ JUSTICE RAJA ELANGO 08.11.