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High Court for State of TelanganaWP/18712/2011dismissed

Mupalla Bala Krishna, v. The Superintendent Of Police, (Rural)

2015-06-22Sanjay Kumar2 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.18712 OF 2011 DATED: 22.06.2015 Between:

Mupalla Bala Krishna .. Petitioner And The Superintendent of Police, (Rural), Guntur District, Guntur, and others. .. Respondents THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.18712 of 2011 ORDER:

The grievance of the petitioner was that the police authorities were interfering in the civil disputes pending between him and respondents 5 and 6 herein. The disputes were stated to be in relation to the petitioner's land in Sy.No.249/2B of Nemalipuri Village, Rajupalem Mandal, Guntur District.

The Station House Officer, Rajupalem Police Station, Guntur District, furnished written instructions dated 04.06.2015 to the office of the learned Government Pleader for Home, wherein he stated that upon the complaint made by one D. Chennam Reddy, a committee member of Sri Kodanda Rama Temple, Crime No.84 of 2011 was registered under Sections 380, 427 and 448 I.P.C. against the petitioner and others on the file of Rajupalem Police Station, Guntur District. However, after due investigation, the said case was referred as false. The Station House Officer further stated that the petitioner, in turn, lodged a private complaint against one B. Linga Reddy and others in relation to the agricultural land in Sy.No.249/2 of Nemalipuri

Village and basing thereon, Crime No.124 of 2012 was registered on the file of Rajupalem Police Station. The Station House Office further stated that in the light of the crimes registered against the petitioner and on his complaint, the police necessarily had to undertake investigation and that the same would not amount to interference or harassment.

In the light of the afore-stated facts, this Court is of the opinion that the petitioner's allegation as to interference by the police authorities in his civil disputes is not substantiated. As criminal offences were registered by the police not only against the petitioner but also at his behest, they would necessarily have to investigate the same and in that process, summon and examine all those connected therewith. Needless to state, the police would have to abide by the due procedure laid down by law in the course of this exercise. Making this position clear, the writ petition is dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

____________________ JUSTICE SANJAY KUMAR 22nd June, 2015 IBL