High Court for State of TelanganaWP/7142/2012dismissed as infructuous

Adesh Jain v. The Governmetn Of A.P.,

2015-07-29C.V.Nagarjuna Reddy2 pages

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.7142 of 2012 Dated 29th July, 2015 Between:

Adesh Jain

...Petitioner

And The Government of A.P., rep.by its Secretary, Home Department, Secretariat, Hyderabad and others

...Respondents

Counsel for the petitioner: Sri M.Uday Kiran for Sri P.Lakshma Reddy Counsel for respondent Nos.1 to 8: AGP for Home (TS) The Court made the following:

ORDER:

This writ petition is filed for the following substantive relief: "...to issue any appropriate writ order or direction particularly one in the nature of writ of mandamus the action of respondent Nos.1 to 5 in not issuing any proper guidelines with regard to interference of the police in the Civil Disputes and the action of respondent Nos.6 and 7 in registering a criminal case Crime No.29 of 2012 for the offence under

section 385 of the IPC and Section 10(1) of A.P.(Telangana Area) Money Lenders Act 1349 Fasli as arbitrary illegal without jurisdiction and violative of Articles 14, 19(1)(g), 21 and 300-A of the Constitution of India and consequently direct respondent Nos.1 to 5 to issue comprehensive guidelines in the matter for not interfering in the Civil Disputes between Legal Real owner/Hire purchase Financier/Dealer and hirer/Operator/Registered Owner under Hire Purchase Agreement and quash/set-aside Crime No.29 of 2012 u/s 385 IPC and Section 10(1) of A.P.(Telangana Area) Money Lenders Act, 1349 Fasli, on the file of 6th and 7th respondents, while directing the respondents not to interfere in the Civil Disputes."

At the hearing, the learned Assistant Government Pleader for Home (TS), on written instructions, submitted that after full-fledged trial, the learned VIII Metropolitan Magistrate, Nampally, Hyderabad has disposed of C.C.No.238 of 2012 by judgment, dated 26.09.2014, acquitting the petitioner of all the offences with which he is charged. In the light of the above subsequent events, the cause in the writ petition does not survive for adjudication. The writ petition is accordingly dismissed as infructuous. As a sequel to dismissal of the writ petition, W.P.M.P.No.9024 of 2012 shall stand disposed of as infructuous.

C.V.NAGARJUNA REDDY, J 29th July, 2015 VGB