High Court for State of TelanganaWP/8340/2017closed no costs

Syed Ali Husain, v. The State Of Telangana,

2017-03-14A Ramalingeswara Rao2 pages

HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO W.P.No.8340 of 2017

ORDER

This writ petition is filed challenging the action of the 4th respondent in affixing a lock to the premises bearing D.No.3-6-361/3, Basheer Bagh, Hyderabad.

Learned Government Pleader for Home, on written instructions, submits that one J.Mallesh, Security Guard of the said house approached the Station House Officer, Narayanaguda Police Station on 15.3.2016 and lodged a complaint stating that at about 5.00 P.M while he was on duty, the 5th respondent visited the said premises, asked him the keys of the main door and later on, broke open the main door and entered into the house. Immediately, the said Mallesh informed the same to his Supervisor over phone. Based on the said complaint, a case in Cr.No.98 of 2016 was registered for the offences punishable under Sections 448, 427 and 506 IPC on 15.3.2016. Though notices were issued to the complainant, he did not evince any interest and respond to the same.

After obtaining permission from the Assistant Commissioner of Police, the case was referred as "civil in nature". Accordingly, final report was filed before the IX Additional Chief Metropolitan Magistrate, Hyderabad. Thereafter, the 5th respondent lodged a complaint against the de facto complainant in Cr.No.

Cr.No.119 of 2016 on 28.3.2016. Since the investigation does not reveal as to their involvement, the said case was referred as "Civil in nature" and accordingly, final report was filed on 1.11.2016. Except registering the above cases, the 4th respondent never interfered with the property in question and locked the subject premises at any point of time.

In view of the aforesaid submissions, no further orders are necessary in the present writ petition. However, the petitioner is at liberty to take appropriate proceedings in accordance with law. Accordingly, the Writ Petition is closed. No costs. Miscellaneous petitions, if any, pending shall stand closed. ___________________________________ JUSTICE A.RAMALINGESWARA RAO 14th March, 2017 rkk