Qogyam Mallaiah S/o Ramudu v. 1. State of. Telangana
Case Details
Acts & Sections
4. The Circle lnspector of Police ( Srinivasa Rao), Police Station Kollapur, Kollapur Mandal, Nagarkumool District, State of Telangana. 5 K.Ranga Reddy, S/o Narsimha Reddy, Aged 52 years, Occ: Agriculture, R./o Gopaldpuram Village, Pentlavelly Mandal, Formerly Mahabubnagar Dlstrict, Presently Nagarkumool District, State of Telangana. ...RESPONOENTS -Writ, Petition under Article 226 of the Constitution of lndia praying that in ttre circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue order or direction more in the nature of Mandamus, declaring the actionoflhe-Respondent.No.4 being a Police officer, without having any Power in his ofFrcial Capacity, interfering in the civil dispute by forcing the Petitioner to withdraw the Pending Civil Suit which is O.S.No.20 OF 2017 before The Hon'ble lXth Additional District Judge at Wanapa(hy and being a Police . -officeriesflondenlNo-4-threatening the Petitioner by - proceeding to Register -- false Cases against the Petitioner by colluding the Respondent No.4 with the Respondent No.S as illegal, arbitrary, discriminatory, violation of Art.14 and 21 of the Constitution of lndia and consequently direct the Re: interfere in the Civil dispute and not to force the Petitioner t,) Civil Suit which is O.S.No.20 OF 2017 before The Hon'ble Judge at Wanaparthy and direct the Respondent No.4 not pondent No.4 not to withdraw the Pending (th Additional District to Register any false Cases against the Petitioner and Direct the Respondent.l r 3 to initiate stringent legal action against the Respondent.No.4 and 5 without ins;i ;ting in the interest of lA NO: 'l OF 2018 Petition under Section 151 CPC praying that in the c i cumstances stated in the affidavit filed in support of the petition, the Higrh Court n i y be pleased to grant lnterim Direction to Respondent.No.4, not to interfere in th: Civil dispute and not to force the Petitioner to withdraw the Pending Civil Suit vr rich is O.S.No.20 OF 2017 beforc The Hon'ble lxth Additional District Judge at '/ anaparthy and direct the Respondent No.4 not to Register any false Cases r )ainst the Petitioner, without insisting in the interest of justice. Counsel for the Petitioner: SRI RAMESH BURA (NOT PRE! ENT) Counsel for the Respondents No.1 to 4: SRI D. PRADEEP \GP FOR HOftlE Counsel for the Respondent No.5: - The Court made the following: ORDER ( THE HOI{OI'RABLE SRI JUSIICE N.TT'KARAUJI ORDER: WRIT PRIITION No.l816 OF 2O I8 This Writ Petition is filed under Arttcle 226 of Constitution of India seeking tJ.e following relief: "...to issue Writ order or direction more in the nature of Maldamus, declaring the action of the Respondent.No.4 being a Police oflicer, without having any Power in his ollicial Capacity, interfering in the civil dispute by forcing the Petitioner to withdraw the Pending Civil Suit which is O.S.No.2O OF 2Ot7 before the Hon'ble D( Additional District Judge at Wanaparthy and being a Folice olfrcer, Respondent.No.4, threatening the Petitioner by proceeding to Register false Cases against the Petitioner by colluding the Respondent.No.4 with the Respondent.No.s as il€gal, arbitrary, discriminatory, viotation of Articles 14 and 21 of the Constitution of India and consequently direct the Respondent-No.4 not to interfere in the Civil dispute and not to force tl.e Petitioner to withdraw the Pending Civil Suit which is O.S.No.2O OF 2017 before the Hon'lcle IX Additional District Judge at Wanaparrhy and direct the RespondenLNo.4 not to Register any false Cases against the Petitioner and Drect the Respondent.l to 3 to iniriate stringent legal action ,gFirrst the Respondent.No.4 and 5 without insisting in the interest ofjustice....."
2. None appears for the petitioner
3. Heard Mr. D.Pradeep, learned Assistant Government Pleader for Flome appe€ring for respondent Nos.l to 4.
4. t earned Assistant Government Pleader, on instructions, submits that respondent No. 4 has never interfered with the civil disputes of the petitioner as a.Ueged. It is further submitted that 2 the petitioner's contention that respondent No. z deputed a police constable to threaten him to withdraw thr: civil suit is baseless and unsupported by any material , apa i_ from the petitioner's own averrnents. Hence, the prayer of the petitioner is unfounded and liable to be dismissed.
5. I have perused the material available on recor J
6. The petitioner's grievance is that, despite . he disputes being purely civil in nature between himself and 1 1e unollicial respondent, respondent No. 4 allegedly interfered ir the matter. Such an assertion, even if accepted at face value, : rly discloses a civil dispute, wherein the police have no role to pla /.
7. Having regard to the petitioner's pleadings ar 1 the settled principle that police authorities have no jurisdictio: to interfere in matters of a purely civil nature, respondent-polir:, authorities, particularly respondent No. 4, are directed to .efrain from interfering r,l,ith the civil disputes between tlre 1r titioner and respondent No. 5, and shall not, in any manner, ccr rpel or insist rpon settlement of such disputes. 1/ 3
8. However, it is clarified tJrat arry action by tJre police taken strictly in accordance with law ald by following due process shall stand r:naffected by this order' 9 With the above direction, this writ petition is disposed of' There shall be no order as to costs. Miscellaneous Petitions, pending if any, shall stand closed' SD/. B.REKHA RANI SISTANT REGIST //TRUE COPY// To
1. The Principal Secretary (Flome), State of Telanga\ Hyderabad : ECTION OFFICER langana Secretariat,
2.TheDirectorGeneralofPolice(EIGP),stateofTelangana,Hyderabad 3. The Superintend of Polioe, Nagarkumool District, Nagarkurnool' 4 The Circle lnspector of Police (Srinivasa Rao)' Police Station Kollapur' ' Kollapur Mandai, Nagarkumool District'
5. One CC to SRI RAMESH BURA, Advocate [OPUC] 6.TwoCCstoGPforHome,HighCourtfortheStateofTelanganaat Hyderabad. IOUTI
7. Two CD CoPies MP TKS NT HIGH COURT DA-l ED:2811012025 (, THE 4 t o C) t 1E r{:l Z|]2n z. .:=*--:, * ORDER WP.NI).1816 of 2018 DISPOSING OF THE Vl RIT PETITION WI'I HOUT COSTS {n,.