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High Court for State of TelanganaWP/22333/2017disposed of no costs

Md. Subhan v. The State Of Telangana,

2017-07-06C.Praveen Kumar2 pages

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.22333 OF 2017 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, came to be filed seeking issuance of Writ of Mandamus declaring the action of respondents-Police in calling the petitioner to Police Station, at the instance of 4th respondent herein, without any crime being registered against him and also threatening the petitioner to settle the civil disputes with R-4, as illegal and arbitrary. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home. With their consent, the Writ Petition is disposed of at the stage of admission itself. Since this Court is not going into the merits of the case, there is no necessity to issue notice to 4th respondent.

The learned counsel for the petitioner mainly submits that without any crime being registered against the petitioner, the respondents-Police are calling the petitioner to Police Station, basing on the complaint given by respondent No.5 and insisting him to settle the matrimonial disputes with R-5.

As seen from the material on record, the petitioner sold 120 Sq.Yards of land situated in plot Nos.140 and 151 in survey No.210 of Jawahar Nagar Village, for a consideration of Rs.80,000/-, in favour of R-4 herein. It appears that some disputes arose between the petitioner and R-4, in respect of above said transaction. The grievance of the petitioner is that, at the instance of R.4, the respondents-Police are calling the petitioner to Police Station, interfering with civil disputes pending between the petitioner and R.4 and threatening him to settle the civil disputes with R.4.

Learned Assistant Government Pleader, on instructions, denies the allegations made in the Writ Petition and submits that the respondents-Police never interfered with the civil disputes, which are said to be pending between the parties.

Having regard to the rival submissions made, the Writ Petition is disposed of directing the respondents-Police not to interfere with the civil disputes, which are pending between the petitioner and the 4th respondent in respect of the above referred property. However, if the respondents-Police intend to summon the petitioner or take any action against him, they shall follow the procedure established under law.

Miscellaneous petitions pending in this writ petition, if any, shall stand closed. No costs.

________________________ C. PRAVEEN KUMAR, J 06.07.2017 sur