M.A. Raoof And Another v. The State Of Telangana And 7 Others
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.NO.18965 OF 2019
O R D E R
The grievance of the petitioners is that at the instance of private 7th respondent, who is holding the office of the Deputy Commissioner of Police, Balangar Zone, Hyderabad, the 6th respondent - Station House Officer, Moinabad Police Station, Rangareddy District, is seeking to dispossess the petitioners from the subject land and trying to induct the 7th respondent into the said land.
Heard the leaned counsel for the petitioner.
Learned Assistant Government Pleader for Home produced written instructions of Sub Inspector of Police, Moinabad Police Station, Ranga Reddy District dated 29.08.2019, wherein it is stated as under: "It is submitted that one Sri Bhimayarapu Nagarjuna Reddy lodged a complaint on 27.07.2019 with the respondent No.6 Station House Officer Moinabad Police Station, stating that he is the supervisor of the respondent No.7 Deputy Commissioner of Police, Balanagar Zone and looking after the said lands. He further stated that one Azhar Khan and Mohd. Amzad and others trespassed into the plot No.3 under Sy.No.197/P, admeasuring 1000 sq. yards of Peddamangalaram village, Moinabad Mandal, Ranga Reddy district threatened, caused simple hurt and mischief. Initially the respondent No.6 registered FIR No.
306 of 2019 for the offences under Sections 447, 427, 435, 323, 506 read with 34 IPC against the said persons on the file of respondent No.6 and investigation has been taken up by the Sub Inspector of Police respondent No.8. During the course of investigation, the investigating officer Sub Inspector of Police examined L.Ws.1 to 13 and recorded their detailed statements. Basing on the evidence, the names of petitioners were arrayed as accused Nos.7 and 8. It is submitted that on 29.07.2019 apprehended the accused 1 to 5 and they confessed that they along with petitioners (A-7 and A-8) and other accused committed the offences. Thereupon produced A-1 to A-5 before the Hon'ble XVI AMM Court at Rajendranagar for judicial remand. It is submitted that on 30.07.
2019 the petitioners (A-7 and A-8) surrendered before the Hon'ble trial Court and released on bail. Notices U/s 41- Cr.P.C. issued to A-6, 9, 11 and 12 on 16.08.2019 and on 26.08.2019 to A-10 respectively. It is submitted that the investigation done so far revealed that the petitioners and other accused (A-1 to A-12) committed the offences and liable to be punished according to law. After completion of investigation, an appropriate report will be filed before the competent court. It is submitted that except registering FIR against the petitioners herein and other accused by visiting the scene of offence, the respondents did not try to dispossess the petitioners from the above said lands as alleged by the petitioners."
Recording the above statement made in the written instructions, writ petition is disposed of, giving liberty to the petitioner to avail alternative remedies available under law against the registration of crime and for other reliefs.
Interlocutory applications pending, if any, shall stand closed. No order as to costs.
-------------------------------------- A.RAJASHEKER REDDY,J Date:03-09-2019 avs