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High Court for State of TelanganaWP/909/2016disposed of no costs

E. Ramamohana, v. The State Of Andhra Pradesh,

2018-04-23Gudiseva Shyam Prasad3 pages

HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION No.909 of 2016 ORDER :

This writ petition is filed by the petitioner seeking Mandamus to declare the action of respondent Nos.3 to 5 in interfering with the civil disputes between the petitioner and respondent No.6 and directing the petitioner to pay Rs.7,00,000/- to respondent No.6, as arbitrary and illegal, and consequently, sought a direction to respondent Nos.3 to 5 not to interfere in the civil disputes between the petitioner and respondent No.6.

Heard learned counsel for the petitioner as well as learned Assistant Government Pleader for Home appearing for respondent - Police. Perused the material on record. The petitioner has filed an affidavit stating that respondent Nos.3 to 5 are interfering in the civil disputes between him and respondent No.6 and directing him to pay Rs.7,00,000/- to respondent No.6 and, therefore, sought for a direction to respondent Nos.3 to 5 not to interfere in the civil disputes between him and respondent No.6.

Respondent No.3 - Circle Inspector of Police, Itukalapalli Police Station, Anantapur District, filed counter affidavit denying the allegations made against him in the writ petition. It is stated that basing on the complaint lodged by respondent No.6, the S.H.O., Narpala Police Station, registered a case in Crime No.32/2016 against the petitioner

GSP,J W.P.No.909 of 2016 for the offences punishable under Sections 420 and 506 IPC and took up investigation and when they tried to serve notice to the petitioner under Section 41-A of Cr.P.C., the petitioner has approached this Court by way of filing the present writ petition with all false allegations and, therefore, sought for dismissal of the writ petition. As far as Crime No.32/2016 registered against the petitioner is concerned, the police may investigate into the matter without resorting to interfere in civil transactions between the petitioner and respondent No.6. The police are not expected to interfere in civil matters between the parties. They are directed to confine only to the crime registered against the petitioner, which they have to investigate and file a report before the concerned Court. With the above observations, this writ petition is disposed of. No order as to costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

_______________________________ GUDISEVA SHYAM PRASAD, J 23.04.2018.

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GSP,J W.P.No.909 of 2016 HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION No.909 of 2016 23.04.2018 Msr