D. Vinaya Sukumari, Medak Dt. And 9 Ot v. Divisional Police Officer, Medak Dt. And 8 Ot

HON'BLE SRI JUSTICE S.V. BHATT W.P. No.470 OF 2013 ORDER:

The petitioners pray for Mandamus declaring the action of respondents 2 and 3 in interfering in civil disputes of petitioners in connection with properties of petitioners situated in Survey No.388/ aa of Rajampeta in Sangareddy town, Sangareddy Mandal of Medak District, as illegal and arbitrary.

The sum and substance of petitioners' complaint is that the 3rd respondent without a crime being registered against the petitioners is either interfering in civil disputes or summoning the petitioners to Police Station.

The 3rd respondent filed counter affidavit. According to the stand taken in the counter affidavit in respect of the same subject matter, Crime No.256 of 2012 under Sections 447, 427 read with 34 IPC was registered. The Tahsidlar initiated proceedings under Section 145 of Criminal Procedure Code. The petitioners filed writ petition No.28481 of 2012 and this Court also granted suspension of the proceedings dated 21.08.2012 of Executive Magistrate. In view of the stand taken in the counter affidavit, this Court is of the view that the 3rd respondent since has registered crime, had investigated the same and further the proceedings initiated by Executive Magistrate also stayed by this Court in W.P.No.28481 of 2012.

In view of the developments referred to above, the petitioners are not entitled to any relief in this writ petition. The writ petition is dismissed accordingly.

Miscellaneous petitions pending, if any, shall stand closed. ___________ S.V.BHATT, J Date:20.11.2017 Stp