N. Sarath, v. State Of Andhra Pradesh

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.26970 OF 2011 Between:

N. Sarath .. Petitioner And State of Andhra Pradesh, rep., by its Superintendent of Police, Warangal District and others .. Respondents DATE OF JUDGMENT PRONOUNCED: 23-07-2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE SANJAY KUMAR

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgment?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals

3. Whether Their Lordship wish to see the fair copy of the Judgment? Yes/No

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.26970 of 2011 ORDER:

The grievance of the petitioner in this case was that the police authorities were calling him to the police station and detaining him there so as to force him to settle his disputes with the 3rd respondent. He further alleged that the police authorities were forcibly taking his signatures on blank non-judicial stamp papers purchased in the name of the 3rd respondent.

The Sub Divisional Police Officer, Warangal, filed a counter affidavit stating that the 3rd respondent along with others submitted a written complaint against the petitioner and others to the Superintendent of Police, Warangal, alleging that they had trespassed into the complainants' lands and removed the boundary stones apart from dismantling a shed. The Superintendent of Police, Warangal, forwarded the said complaint to the Sub Divisional Police Officer, Warangal, for enquiry. In the course of such enquiry, the Sub Divisional Police Officer, Warangal, stated that he summoned the petitioner and others to the police station to find out as to whether there was any truth in the allegations in the complaint.

Upon such enquiry, he opined that the issue was purely civil in nature and he accordingly advised the parties to seek redressal before the competent civil Court. He stated that no action was therefore initiated on the complaint of the 3rd respondent. He denied the allegations made by the petitioner that pressure was brought upon him to settle his disputes with the 3rd respondent and that signatures were obtained on blank papers.

threat was held out to him as alleged to settle his civil disputes with the 3rd respondent.

The above counter affidavit was filed in October, 2011, but the petitioner did not choose to file a reply rebutting the averments made therein. In the light of the stand of the police authorities as set out in the afore-stated counter affidavit, this Court finds no reason to interfere as the police authorities were bound to summon and examine the petitioner in the course of the enquiry initiated upon the complaint made by the 3rd respondent and others, which was forwarded to the Sub Divisional Police Officer, Warangal.

As the police authorities stated that apart from the said enquiry, they did not initiate any further steps in the matter against the petitioner, there is no cause for grievance surviving in this writ petition that needs adjudication.

The writ petition is accordingly dismissed.

Pending Miscellaneous Petitions, if any, shall also stand dismissed. No order as to costs.

______________________ SANJAY KUMAR, J Date:23.07.2015 KH