Ambadipally Sampath Rao, v. The State Of Telangana,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.9741 of 2017 ORDER:

The case of the petitioners is that when some third parties tried to draw water from Vangapalley tank situated in Buddaram Village, Ghanpur Mandal in Jayashankar (Bhupalpally) District, the petitioners lodged a complaint with the Mandal Revenue Officer, Ghapur, with regard to the illegal drawing of water by those persons. The petitioners state that they are the ayacutdars under the said tank. As a counter blast to the said complaint made to the Mandal Revenue Officer, the said third parties lodged a complaint by utilizing their community name, and the same was registered as FIR No.14 of 2017 on 31.01.2017. Challenging the same, the present Writ Petition is filed.

This Court carefully perused the complaint lodged by the petitioners as well as by the third parties and noticed that the name of the caste is used only to harass the petitioners. Since the complaint is registered as crime, it is for the Investigating Officer to continue the investigation.

In the circumstances, this Writ Petition is disposed of giving liberty to the second respondent to continue the investigation pursuant to registration of FIR No.14 of 2017, but shall not arrest the petitioners without obtaining orders from the concerned Magistrate. The miscellaneous petitions pending

in this Writ Petition, if any, shall stand closed. There shall be no order as to costs.

________________________________ (A.RAMALINGESWARA RAO, J) 20.03.2017 vs