Shoba Rani, v. Sri Karthekeya Sharma

HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO C.C.No.1538 OF 2017

ORDER

This contempt case is filed complaining willful disobedience on the part of the respondents in implementing the order passed by this Court in W.P.No.5637 of 2017, dated 08.03.2017. The relevant portion of the said order reads as under: "Now, the learned counsel for the petitioners submits that even after registration of the complaints no further action is being taken by the police and taking advantage of the same the respondents 5 to 7 are trying to interfere with the property of the petitioners and hence, they should be provided police protection.

There cannot be a direction to continuously provide police protection to the lands of the petitioners and, if the petitioners approach the fourth respondent for protection on a specific date, the fourth respondent shall provide the same. It is needless to observe that the fourth respondent shall continue the investigation pursuant to the registration of the above crimes.

The writ petition is, accordingly, disposed of giving liberty to the petitioners to approach the fourth respondent with a representation to provide police protection on a particular day specifically intimating the date on which the police protection is needed."

A counter-affidavit is filed by the 3rd respondent stating as follows:

"It is respectfully submitted that in pursuance of the Hon'ble High Court's order dated 8.3.2017, the 1st petitioner

has come to the police station on 22.4.2017 and submitted a representation seeking police protection. It is submitted that, after making necessary entries in the station records, Bheemgal Police provided police protection to the petitioner's lands on the same day by deputing 2 ASIs, PCs 210, 216, 842, 1545, HGs.05, 476, 559, 659 and Women HG 488. I have also visited the site to avoid any untoward incident. It is pertinent to submit here that the petitioners have sent a complaint by registered post to the Police Station in June, 2017 stating that the members of Schedule Caste Society are interfering with their possession and they have illegally trespassed into their land and removed the fencing stones. The said complaint was received by the Police Station on 17.6.2017 and based on the contents of the complaint, a case Crime No.103/2017 u/s 447, 434 IPC was registered on 17.6.2017 and took up for investigation. During the course of investigation, the complainant was examined and recorded the statement. The case is under investigation for examining some more witnesses."

In view of the said averments, no further orders are required to be passed in the present contempt case.

Accordingly, the Contempt Case is closed. However, it is open to the petitioner to avail appropriate remedies, if any, in the pending civil suit.

Miscellaneous petitions, if any, pending shall stand closed. ___________________________________ JUSTICE A.RAMALINGESWARA RAO 13th October, 2017 rkk