Muddapuram Kamalakar v. The State Of Telangana, And 13 Others

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 19023 of 2019 O R D E R :

This writ petition is filed for the following relief; "...to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents No.5, 6, 13 & 14 are involving themselves in a civil matter as arbitrary, illegal and unconstitutional and pass such other order or orders in the interest of justice." Learned Government Pleader for Home produced written instructions dt.04.09.2019, submitted by the Sub-Inspector of Police, Jeedimetla Police Station, Cyberabad.

To the extent of their relevance to the present writ petition, the said instructions read as under;

"It is submitted that pursuant to the complaint of respondent No.11, a case was registered as Crime No.552 of 2018 for the offences U/s.447, 427, 506 IPC against the petitioner herein and others on the file of respondent No.5 and investigation has been taken up.

It is submitted that when the investigation was under progress, again the respondent No.11 lodged complaint on 18.08.2019, stating that the petitioner trespassed into his land by constructing the compound wall. The respondent No.6, Sub-inspector of Police had enquired into the said complaint, as already FIR No.55/2018 is under investigation, no fresh FIR was registered. It is submitted that when the respondent No.6 visited the land for the purpose of enquiry, at that time, the petitioner might have taken photograph and filed the same as material paper in the present writ petition. It is further submitted that as per writ averment, the petitioner submitted representation dt.19.08.2019 to the higher police

officials, alleging that the respondents 5 and 6 interfered with the civil disputes in OS.No.214/2018 on the file of Hon'ble XIV Addl.District and Sessions Judge, Ranga Reddy District and also leveled false allegations. In this connection it is submitted that the respondents 5 and 6 did not interfere with the civil dispute nor threaten in any manner at any point of time.

It is submitted that the respondents police discharging legitimate duty and did not interfere with the life, liberty and property of the petitioner.

It is submitted that the investigating officer except registering the FIR and visiting the spot for the purpose of investigation, the respondents police did not interfere with the land of the petitioner. Merely visiting the scene of offence, does not mean interference of the respondents police."

In view of the aforesaid written instructions, recording the same, the writ petition is disposed of. However, it is open for the petitioner to agitate his rights against registration of crime, in accordance with law. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

___________________________ A.RAJASHEKER REDDY, J 11.09.2019 t k.

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.19023 of 2019 11.09.2019 tk