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High Court for State of TelanganaWP/10019/2014closed no costs

Kanduri Beeramallu, v. The Government Of Andhra Pradesh

2019-09-19P.Keshava Rao2 pages

THE HONOURABLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.10019 of 2014 ORDER:

Heard learned counsel for the petitioner as well as learned Government Pleader appearing for respondent Nos.1 to 3. 2.

The prayer sought in the writ petition is as under:- ".....to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 in interfering with the Civil disputes and threatening the petitioner to settle the mater with the Respondent No.5 is arbitrary and illegal and against the principles of Natural Justice and consequently issue a direction to the respondent No.3 to take legal action against the respondent No.5 as per law and pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case". 3.

During the course of hearing, learned Government Pleader appearing for respondent Nos.1 to 3 placed on record the written instructions, dated 10.04.2014, issued by the Assistant Sub Inspector of Police, Ramakrishnapur Police Station, Adilabad District. 4.

A perusal of the said instructions would reveal that the 5th respondent had lodged a private complaint under Section 200 Cr.P.C. before the learned I Additional Judicial First Class Magistrate, Mancerial, against one K. Beeramallu, i.e., the petitioner herein and another stating that they have trespassed into his land in Sy.No.301 situated at Thimmapur Village, Mandamarri Mandal, Adilabad District and damaged the poles, apart from abusing him in filthy

PKR,J W.P.No.10019 of 2014 language, beating him with hands and threatened with dire consequences. Pursuant to the said complaint, a case in Crime No.158 of 2013 for the offences under Sections 290, 323, 427, 447, 504 and 506 read with 34 IPC was registered on 26.11.2013 on the file of the Ramakrishnapur Police Station, Adilabad District.

After investigation, charge sheet was filed on 23.12.2013 before the concerned Magistrate. After taking cognizance of the offences, the said crime is numbered as C.C.No.75 of 2004. Except the registration of the said crime and investigation, it is stated that the respondent police have not interfered with the civil dispute between the petitioner and the 5th respondent with regard to the said land nor threatened the petitioner with dire consequences.

5.

Having regard to the said fact that the respondent police are not interfering in the civil dispute between the petitioner and the 5th respondent, but for registration of the above said crime, this Court is of the opinion that no further cause would be survived in the writ petition.

6.

Accordingly, the writ petition is closed.

Miscellaneous petitions pending, if any, shall stand closed. No costs.

___________________ P. KESHAVA RAO, J 19th September 2019 mar