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High Court for State of TelanganaWP/36767/2013closed no costs

Smt.P.Sathamma, v. The Director General Of Police,

2018-11-06P.Keshava Rao2 pages

HON'BLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.36767 of 2013 ORDER:

Heard the learned counsel for the petitioner as well as the learned Government Pleader appearing for respondent Nos.1 to 3. The prayer sought in the writ petition is as under: "... Hon'ble Court may be pleased to issue a writ, order or direction more in the nature of writ of mandamus declaring the action of the 3rd respondent herein in illegally detaining the petitioner and her sons in police station, Uppal on 10.12.2013 and obtaining their signatures on blank white papers and stamp papers, by exercising coercion and not taking action on the complaints submitted by the petitioner on 04.12.2013 and 08.12.

2013 against 4th respondent, as illegal, arbitrary and unconstitutional and consequently direct the 1st respondent herein a) to initiate disciplinary action against the 3rd respondent herein for his illegal acts and b) to direct the 3rd respondent herein to forthwith register case against 4th respondent on the complaints dated 04.12.2013 and 08.12.2013 c) direct the 1st respondent to grant compensation of Rs.50,000/- to the petitioner for illegally detaining her and her sons in Uppal Police Station on 10.12.

2013 by 3rd respondent herein and for abusing the petitioner and her sons and obtaining signatures of and thumb impression on blank white papers and stamp papers in favour of 4th respondent and d) direct the 3rd respondent not to interfere with the civil disputes between the petitioner and 4th respondent e) direct the 3rd respondent to return the white papers and stamp papers on which signatures and thumb impressions of petitioner and her sons were obtained to the petitioner." The basic grievance of the petitioner in the present writ petition is that the 3rd respondent illegally detained her and her son in the police station and obtained signatures on blank papers and stamp papers by exercising coercion and not taking any action against the 4th respondent in spite of lodging representations on 04.12.2013 and 08.12.2013 against him.

The learned Government Pleader placed on record the written instructions received from the Sub-Inspector of Police, Uppal Police Station, Cyberabad.

A perusal of the said instructions reveal that the Station House Officer, Uppal Police Station, received the petitioner's complaint by post on 05.12.2013, wherein it is stated that she has

purchased the land in H.No.3-14-36/8/9/6/A in Plot No.141/1 part in Sy.Nos.9, 10 and 11 admeasuring 100 square yards situated at Viveknagar, Ramanthapur, Ranga Reddy District by virtue of agreement of sale dated 10.12.1985 executed by one Muneerunnisa Begum. When the 4th respondent tried to interfere with her peaceful possession and enjoyment, she filed a suit in O.S.No.526 of 2012 on the file of the II Additional Junior Civil Judge, Ranga Reddy District. Pending the said suit, she obtained status quo orders on 06.12.2013. Basing on the said complaint, an entry was made in the General Diary on 05.12.2013. During the course of enquiry, it was revealed that there was a civil dispute between the petitioner and the 4th respondent vide O.S.No.526 of 2012. Therefore, no criminal case has been registered.

It is specifically mentioned in the written instructions that the respondent police have not interfered with the civil dispute between the petitioner and the 4th respondent and they never detained the petitioner and her son in the police station on 10.12.2013 and have not obtained any signatures on the blank papers and the stamp papers. It is also stated that they never harassed and threatened the petitioner and her son by interfering with their life, liberty and civil disputes.

In the light of the above said specific statements made by the 3rd respondent in the written instructions, this Court is of the opinion that no further orders are required in the writ petition. Accordingly, the writ petition is closed.

Miscellaneous petitions, if any, shall also stand closed. _____________________ P. KESHAVA RAO, J Date: 06.11.2018.

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