Moddu Janga Reddy, R.R.Dist And Another v. Prl Secy, (Home Dept), Hyd And 15 Others

HON'BLE SRI JUSTICE S.V. BHATT W.P. No.27984 OF 2013 ORDER:

Heard Mr.V.Sai Kumar for petitioners. The writ petition was filed in the year 2013. The prayer reads as follows: " ... writ of mandamus to declaring the action of the Respondents No.5 to 7 herein in forcing the petitioner no.1 to compromise the civil dispute pending between the 1st petitioner and Respondent No.12 herein by foisting false cases against the petitioners and against the elder son and younger son of the 1st petitioner by using the respondent no.11 as instrument in registering a crime U/s.145 CRPC in FIR No.404/2013 against the petitioners and younger son and elder son of the 1st petitioner namely M.Ramana Reddy and M.

Venugopal Reddy and also against a dead person namely Moddu Narsimha Reddy who was arrayed as A-1 in the above crime is highly illegal, abuse of power of police and also the action of the 5th respondent in not obeying the direction of the 4th respondent in registering a case against the respondents No.6 and 7 for their role and behavior in confining the petitioners in the police station and other illegal acts on 27-06-2013 and also in not causing any enquiry by the 5th respondent against the respondents no.5 to 7 herein in spite of specific direction by the 4th respondent is nothing but bias and also oppose to Articles 14, 21 of Constitution of India as well as oppose to all canons of justice consequentially direct the Respondents No.2 to 4 herein to register a crime against the respondents No.

5 to 7 herein for their illegal acts in foisting a false case against the petitioners U/s. 145 CRPC subsequently on 21-08-2013 by considering the report made by the petitioner no.1 to the respondents no.3 and 4 herein on 28-06-2013 which was endorsed by the 4th respondent forthwith with a direction to the respondents no.

pending between the 1st petitioner and Respondent no.12 herein..."

Respondent No.4 filed counter affidavit and in Paragraph 17 on the alleged interference by Police, the reply reads as follows: "It is pertinent to note that to settle their personal scores, the petitioners are trying to involve the respondent police into their personal and civil disputes. I humbly submit that this Hon'ble Court many a time reprimanded the police for their interference into the civil disputes. No credence can be given to the allegations/contentions raised by the petitioner in the affidavit filed in support of the writ petition. At any point of time, the respondents 5 to 7 herein interfered with the civil disputes nor they never illegally detailed them nor asked them to compromise with the unofficial respondents 12 to 14 herein. Having wreck vengeance against the unofficial respondents, the petitioner made baseless allegations against the respondent police. All the other allegations made in the affidavit are false, baseless and hence the same are denied.

Mr.Sai Kumar is unable to place before the Court the present stage of affairs. However, seeks time to get instructions from petitioners. This Court is of the view that the counter affidavit was served on petitioners on 30.10.2013 and the petitioners have not filed reply.

By placing on record the stand taken in paragraph 17 of the counter affidavit, the writ petition is dismissed. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. ___________ S.V.BHATT, J Date: 27.11.2017 Stp