M.Sudhakar Reddy v. The Station House Officer

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.33476 of 2018 ORDER:

Heard learned counsel for the petitioner and the learned Government Pleader for Home, apart from perusing the entire material available on record.

When the matter is taken up, written instructions, dated 20.09.2018, furnished by the Assistant Sub Inspector of Police, Rajendranagar Police Station, Cyberabad, are placed on record by the learned Government Pleader. The said instructions, to the extent of their relevance to the present Writ Petition, are as under: "It is respectfully submitted that the 1st respondent Station House Officer, Rajendranagar PoliceStation Cyberabad had received the 6th respondent dated 30.08.2018 with regard to interference of the petitioner and their associates with the day to day affairs of Sri Brahmachary Mutt and Mutt properties under Sy No 338 to 344, admeasuring Ac.16.32 guntas situated at Rambagh, Attapur village, Rajendernagar Mandal, Ranga Reddy District. With regard to the subject matter criminal cases are registered and pending.

Earlier on the complaint of the petitioner M.Sudhakar Reddy, a case was registered in Cr.No.742/2016 dated 20.08.2016 for the offences U/s 420, 468, 471 1PC against the 6th respondent father Pradeep Kumar Agarwal @ Pradyumna Charya. Charge sheet was filed, but the 6th respondent's father died. On the complaint of the 6th respondent herein a case was registered in Cr.No.1849/2017 dated 30.08.2017 for the offences U/s 447, 427 1PC. The investigation is under progress and also Chandrakantha Devi was filed private complaint and it was registered in Cr.No.312/201S dated 22.02.2018 for the offences U/s 420, 468, 471, 406, 506 IPC& Sec. 156 (3) Cr.P.C against the 6th respondent and others. The investigation is under progress.

It is further submitted that again the 6th respondent lodged a complaint on 12.09.2018 against the petitioner and others and a case was registered in Cr.No.1403/2017 dated 12.09.2017 for the offences U/s. 447,427 IPC The investigation is under progress.

AVSS,J W.P.No.33476 of 2018 It is further submitted that the Executive Officer, Endowments Department, Sri Bramhachary Mutt, Rambagh, Attapur VIll Rajendemagar Mandal, Ranga Reddy District submitted a written report to the 1st respondent vide letter No.01/SBM/2018 dated 13.09.2018, stating that Sri Brahma Chary Mutt, Attapur village. Rajendernagar, RR. District is under the purview of the Endowments Act 30/87 and the day to day affairs of the Mutt is being managed by the Executive Officer, Endowment Department.

It was further mentioned in the report that the petitioner and others unnecessarily involving into the day to day administration of the Mutt and giving complaints against others to the Police authorities/other government departments with regard to the protection and properties of the Mutt, which is creating law and order problem in the vicinity and also difficulty to the Endowment Department. The Endowment Department further stated that not to accept any complaints/representations from private persons in the matter of protection of Mutt properties. In this regard entered the same into the General Diary.

It is submitted that a letter is being sent to the Executive Officer, Endowment Department through the Commissioner of Police, Cyberabad for taking further action in the criminal case with regard to affairs and properties of the Endowment land. It is further submitted that the first respondent enquiries revealed that with regard to Sai Baba Temple and other temporary sheds issues nearby Sai Baba Temple, the Endowment Department never obstructed.

It is respectfully submitted that the contention of the petitioner that the respondent No.1 summoning the petitioner other allegations to police station for the purpose of investigation, allegations are incorrect and baseless. It is submitted that the contention of the petitioner against the 1 to 4 respondents is incorrect and baseless. The writ petitioner is devoid of merits and liable to be dismissed".

Having regard to the contents of the above written instructions and keeping in view the submissions of the learned counsel on either side, this Court deems it appropriate to dispose of the Writ Petition, by placing on record the above written instructions and by making the interim order absolute.

Accordingly, Writ Petition is disposed of. There shall be no order as to costs.

AVSS,J W.P.No.33476 of 2018 Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.

___________________ A.V. SESHA SAI, J 14th November, 2018 Tsy