Arelli Srinivas v. The State Of Telangana

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI WRI T PETI TI ON NO. 42142 OF 2018 ORDER:

When the matter is taken up, the written instructions dated 22.11.2018 furnished by the Station House Officer, Thimmapur Police Station, Karimnagar, are placed on record by the learned Government Pleader. The said instructions read as under:

"At the outset, it is submitted that the Station House Officer, Thimmapur Polcie Station, Karimnagar is not interfering in civil disputes, much less between the petitioner and the unofficial respondents 4 and 5 herein. The 3rd respondent is not calling the petitioner to the Police Station and not pressurizing him to settle the civil dispute with the unofficial respondents 4 and 5 herein. The allegation that the 3rd respondent sent two police constables to the petitioner's house on 13.11.2018 and called him to the Police Station to settle the civil disputes with the 4th and 5th Respondents is not correct and hereby denied. It is submitted that the 3rd Respondent has not sent any police constables to the petitioner's house and not called him to the Police Station. The further allegation that he approached the Police Station and stated that the alleged dispute between him and the unofficial respondent is civil dispute and requested not to pressurize him to settle the civil dispute with the 4th respondent is false, baseless and hereby denied. The

allegation that the 3rd respondent threatened him of dire consequences if he did not settle the matter with the 4th respondent is not correct and hereby denied. It is submitted that, as stated above, the 3rd respondent has not called the petitioner and not made him to settle the civil dispute with the 4th respondent.

It is pertinent to submit here that the 5th respondent herein i.e., Toodi Srinivas along with 2 others has given a report dated 10.11.2018 to the Hon'ble Minister for Finance, Planning, Small-Savings, State Lotteries, Consumer Affairs, Legal metrology & Civil Supplies, government of Telangana, Secretariat stating that 18 months ago, the petitioner made believe them to provide Cold Pillar job in Singareni Collieries and demanded Rs.20.00 lakhs for the said purpose. Initially they have credited Rs.4.50 lakhs to his account through online transfer and subsequently paid him cash of Rs.4.50 lakhs, total Rs.9.00 lakhs. However, he has not provided job till the date. As and when they asked about the same, he is postponing on one pretext or the other. Finally when they asked him to return money, instead of doing so, he is threatening of dire consequences. The complainants requested to take necessary action against him.

It is submitted that the Hon'ble Minister forwarded the said report to the commissioner of Police, Karimnagar to do needful help to the complainants. On 10.11.2018 the Commissioner of Police endorsed the said report to the Assistant Commissioner of Police, Task Force, Karimnagar for enquiry and taking necessary action.

It is submitted that, during enquiry, the Assistant Commissioner of Police, Task Force, Karimnagar called for the petitioner, but the petitioner was unreachable, as such his family members were informed of the purpose, in spite of that he has not attended enquiry. It is submitted that, the enquiry with the complainants revealed that the complainants have paid certain amount to the petitioner for getting a job in Singareni Collieries. However, a perusal of the documents furnished by them, shows that the petitioner has executed promissory notes in their favour. As per the enquiry and evidence, it is revealed that the subject matter of the report is purely civil in nature and police cannot interfere with the same. The complainants were informed to approach the concerned Civil Court in the matter.

It is submitted that the ACP, Task Force, Karimnagar except conducting enquiry into the report submitted by the 5th respondent and others, not involved in civil disputes. As stated above, the petitioner has not attended the O/o ACP, Task Force, Karimnagar and the Police have not directed him to settle the civil dispute with the unofficial Respondents herein. It is submitted that, as stated above, the 3rd respondent not called the petitioner and not involved in civil disputes and the unofficial Respondents also not approached the 3rd respondent."

Having regard to the above instructions, this Court deems it appropriate to dispose of the Writ Petition by placing the above instructions on record.

The Writ Petition is accordingly, disposed of. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

_____________ A.V.SESHA SAI ,J Date: 13.12.2018 KPM