S.Mohan Rao v. The State Of Telangana,

HON'BLE SRI JUSTI CE A.V.SESHA SAI W .P.No.4 0 5 8 0 of 2 0 1 8 ORDER: - When the matter is taken up, the written instructions furnished by the Sub-Inspector of Police, Bachupalli Police Station, dated 28.11.2018, are placed on record by the learned Government Pleader. The said instructions read as under: - "On a complaint of Mr.S.Radha Krishna/ 5th respondent herein lodged with the police of Bachupalli Police Station, Cyberabad Commissionarate, a case in Cr.No.568/ 2018 under Sections 447, 427 and 506 I.P.C., dated 03.11.2018, was registered against Mr.K.Sudhakar Rao, S.Prasada Rao and others as they criminally trespassed into the land of the complainant admeasuring Ac.5.00 gts., situated in Sy.No.151, Bachupalli village and tried to damage his compound wall and threatened him with dire consequences and taken up the investigation into the case.

During the course of investigation, the Investigating Officer examined the complainant/ 5th respondent and recorded his detailed statement. As part of investigation, visited the premises and got the matter enquired with the complainant.

It is submitted that so far the name of the petitioner is not shown in the F.I.R. However, the investigation is under progress. If any information is received about the involvement of the petitioner, certainly action will be taken against him by duly following the procedure as contemplated under law.

It is humbly submitted that on coming to know the registration of the above FIR, the petitioner with a malafide intention to divert the attention of the investigation in nor conducting the investigation into the case in a fair and proper manner, filed the present Writ Petition with false and untenable allegations.

It is submitted that that the allegation of the petitioner that on 03.11.2018 at about 11.00 a.m., this respondent police came to his plot and called his watchman and other workers who were present at the site and were taken to the police station and on coming to know the same, himself and his brother Prasada Rao went to the Police Station and met this respondent and he came to know that this respondent is acting on behalf of the respondents 5 and 6 herein and asked the petitioner to produce all the original title deeds documents and he furnished the copies of documents relating to his title is utterly false, baseless and hence denied.

It is pertinent to submit that except registration of the above case and proceeding with the investigation into the case, this respondent never called the petitioner or his workers to the Police Station till date and interfere with the life and liberty as alleged.

I humbly submit that as of now, the petitioner is not at all required in connection with the above case. However, if any clues are forthcoming about the involvement of the petitioner in the above criminal case, certainly action will be taken against the concerned accused by following the due procedure."

Accordingly, the Writ Petition is disposed of, by placing on record the said instructions furnished by the Sub-Inspector of Police, Bachupalli Police Station, dated 28.11.2018, with a further direction to the respondent-police authorities to act strictly in accordance with law.

Miscellaneous petitions pending, if any, shall stand disposed of. There shall be no order as to costs. ______________ A.V.Sesh a Sai, J Date: 29.11.2018 smr