Sakeleti Krishna v. The Station House Officer

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.4855 OF 2011 DATED 3rd JUNE, 2015 Between:

Sakeleti Krishna and others .. Petitioners and The Station House Officer, Payakaraopeta P.S., Visakhapatnam District and others .. Respondents

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.4855 OF 2011

O R D E R

The grievance of the petitioners in this case was that police authorities were interfering with their civil disputes in relation to the land admeasuring Ac.0.99 cents in Sy.Nos.68/6 and 68/11 of Satyavaram Village, Payakaraopeta Mandal, Visakhapatnam District.

The Station House Officer, Payakaraopeta Police Station, Visakhapatnam District, filed a counter-affidavit stating that a complaint had been lodged against the petitioners by one T. Satyanarayana, the second respondent herein, and basing thereon a case in Crime No.169 of 2010 was registered on the file of the Payakaraopeta Police Station under Sections 447 and 506 IPC read with Section 34 IPC. The petitioners were stated to have surrendered before the Court of the learned Additional Judicial First Class Magistrate, Yelamanchili, during the pendency of the investigation. Reference was also made to the civil litigation pending between the parties as regards the subject land. A charge-sheet was stated to have been field before the criminal Court on 29.12.2010 against the petitioners.

The Station House Officer further stated that the police authorities never interfered with the civil disputes of the petitioners and that the investigation was carried out only in relation to the criminal offence. No reply affidavit is filed by the petitioners rebutting the counteraffidavit averments. In the light of the aforestated facts, it is difficult for this Court to hold that the police authorities have overstepped their jurisdiction. It is not disputed that the second respondent filed a complaint against the petitioners which led to the filing of a charge-sheet against them before a competent criminal Court.

In the light of the categorical statement of the Station House Officer, Payakaraopeta Police Station, Visakhapatnam District, that the police authorities did not interfere with the civil disputes relating to the subject land, no case is made out for interference in this writ petition.

The writ petition is accordingly dismissed. Pending miscellaneous petitions shall also stand dismissed. No order as to costs. ______________________ SANJAY KUMAR, J 3rd JUNE, 2015

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