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High Court for State of TelanganaWP/5915/2015disposed of no costs

Malreddy Narsi Reddy, v. The State Of Telangana, Home Department,

2015-03-31Vilas V.Afzulpurkar3 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.5915 of 2015 BETWEEN Malreddy Narsi Reddy ... PETITIONER AND The State of Telangana Pradesh, Rep. by its Principal Secretary (Department of Home), Secretariat Building, Hyderabad and others.

...RESPONDENTS The Court made the following:

ORDER:

Heard.

2. The grievance of the petitioner in this writ petition is that respondent No.3 is not considering the representation of the petitioner and not giving police protection in spite of injunction orders granted in favour of the petitioner by the learned Principal Junior Civil Judge, Miryalaguda, dated 03.04.2013 in I.A.No.215 of 2013 in O.S.No.84 of 2013.

3. Learned Government Pleader has received instructions, which show that the petitioner had earlier approached this court in W.P.No.25979 of 2014, for the same relief and the said Writ petition was disposed of on 20.09.2014 directing that if petitioner approaches the police by producing copy of the injunction order the police may provide protection so as to give effect to the injunction order passed by the civil court. Thereafter, petitioner approached the police station and lodged a complaint, dated 05.11.2014. Based on the said complaint, a case in crime No.254 of 2014 was registered and investigation was taken up. On the same day, one Malreddy Papireddy also approached Halia police and lodged a complaint against the petitioner. Based on that, a case in crime No.256 of 2014 was registered against the petitioner.

During the investigation taken up in both these complaints, it was noticed that both the complainants are claiming rights and title over the same subject land and the civil suit viz., O.S.No.84 of 2013 is already pending among them before the Principal Junior Civil Judge, Miryalaguda. It is also stated that both the complaints have been investigated and after obtaining permission from the Sub-Divisional Police Officer, Miryalaguda, appropriate final report is already filed under Section 173 Cr.P.C. before Judicial First Class of Magistrate, Miryalaguda on 27.03.2015. Copy of the final report is also placed along with the instructions. Both the complainants appear to have been served with the said final report.

4. In view of the above, petitioner shall take appropriate steps with regard to the said final report filed. So far as his complaint is concerned, petitioner is also at liberty to approach learned Junior Civil Judge, Miryalaguda, if he seeks any further relief. Writ petition is, therefore, disposed of in view of the final report having been filed by

respondent No.3-Halia police station.

As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

______________________ VILAS V. AFZULPURKAR, J March 31, 2015 LMV