Mohammed Afsar, v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 3297 of 2017 ORDER:

This writ petition is filed for the following relief: "...to pass appropriate order of direction more particularly one in the nature of writ of mandamus declaring that the action by respondent Nos.4 and 5 in continuously calling the petitioners to Police Station, Shamshabad and forcing them to settle the matter with respondent No.6 pursuant to the filing of the civil suit in O.S.No.1737 of 2016 on the file of IX Additional Senior Civil Judge, LB Nagar, Ranga Reddy District by petitioner No.1 against respondent No.6 as illegal, arbitrary, unconstitutional and against the principles of natural justice and consequently direct respondent Nos.4 and 5 not to interfere with the civil dispute pending in O.S.No.1737 of 2016 on the file of IX Additional Senior Civil Judge, LB Nagar, Ranga Reddy District between petitioner No.1 and respondent No.

6..." Learned Government Pleader for Home submits that a case in Crime No.4 of 2017 was registered on 04.01.2017 on a complaint given by respondent No.6 before the learned Metropolitan Magistrate, Rajendranagar against petitioner Nos.1 and 2. He further submits that he received written instructions as follows: "It is submitted that in the above crime, petitioner No.1Mohammed Afsar and petitioner No.2/Mohammed Abed Hussain are accused Nos.1 and 2 respectively. Later examined the complainant and other two witnesses and recorded their statements under Section 161(3) Cr.P.C. Thereafter, visited the scene of offence, situated at H.No.153/4, Thondupally Village, Shamshabad Mandal, R.R.

District, examined it minutely in the presence of two mediators and drawn the crime details from which contained the rough sketch of the scene and photographed the scene.

It is submitted that, during the course of further investigation the accused were asked to produce relevant documents for the purpose of completing the investigation and filing appropriate report before the concerned Court. The

petitioners herein instead of cooperating the police filed present writ petition alleging that police are interfering in civil matters and harassing them. It is submitted that, the police are not interfering in civil matters as alleged by the petitioners. It is further submitted that, based on the Court reference, the above crime was registered and the petitioners were requested to cooperate the investigation, not otherwise. The allegations to the contrary made in the affidavit are not correct and hence denied."

In view of the same, the writ petition is closed observing that the petitioners shall not be harassed pursuant to the investigation in the said crime.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ________________________ A.RAMALINGESWARA RAO,J Dt:07.02.2017 kdl