✦ High Court of India · 24 Mar 2025

Gandhi Sanjiva Reddy v. harass the

Case Details High Court of India · 24 Mar 2025
Court
High Court of India
Decided
24 Mar 2025
Bench
Not available
Length
1,084 words

Acts & Sections

Counsel for the Petitioner: SRI p.V.L. BHANU PRAKASH Counsel forthe Respondent No.1 to 4: Gp FOR HOME Counsel for the Respondent No.5: SRI CH. SUBRAMANYAM The Court made the following: ORDER 7 HON'BLE SRIJUSTICE T. VINOD KUMAR WRIT PETITION No.4605 of 2025 ORDER Heard leamed counsel for petitioner, learned Govemment Pleader for Home appearing on behatf of respondent Nos.l to 4 antl Sri Ch.Subhamanyam, leamed counsel appearing on behalf of respondent No.5 and perused the record. With the consent of the counsel appearing for the respective parties, the Writ Petition is taken up for hearing and disposal at admission stage. 2 The case of the petitioner in brief is that the 5th respondent had illegally trespassed into his land on 0l-06-2024 and verbally abused him in filthy language; that the petitioner had filed a criminal complaint before the III Additional Judicial First Class Magistrate at Khammam complaining of the said incident; and that though the respondent authorities had registered a cdse vide Cr.No.1l8/2024 against the 5ft respondent, the respondent authorities are summoning the petitioner to Police Station under the guise of investigation into the aforesaid complaint lodged by him and interfering in civil disputes between the petitioner and 5'h respondent, which action of the respondent authorities in parlicular respondent Nos.3 and 4 it is 2 contended as arbitrary, illegai, bad in law and violative o 'Adicle

14. 19 and.2l of the Constitution of India

3. Per cotttra, leamed Government pleader for Hom.: appearing on behalf of respondent Nos.l to 4 submits that the respondbnt authorities except registering case in Cr.No. l1gl2)24, rvhich is a Court referred case, never involved in the civil disputes tretween the petitioner and unofficial respondent herein.

4. Learned Govemment Pleader further submits tha since the authorities have registered the Court referred )ase vide cr.No' I 1812024, the authorities would conduct investigati rn into the aforesaid crimt: and file report before the concemed Cour1.

5. Learned <:ounsel appearing on behalf of respondent llo.5 on the other hand, subrnits that there are inter se civil disputes u,itr regard to subject land.b:tween the petitioner and 5,h respondent herein vide O.S.No.593 of 2023 and O.S.No.22 of 2023 filed by the petirioner herein for grant of perpetual injunction and the 5,h responcent herein for cancellatior of sale deed respectively, and the aforesai 1 suits are pending for adjudication. 6 I have tak:n note ofrespective contentions urged. 3

7. Since, the petitioner and the unofficial respondent claim of the subject land being subject matter ofsuits filed by one against the other vide O.S.Nos. 593 of 2023 and 22 of 2023, and also taking note of the fact that in the suit filed by the petitioner, an order of injunction having been passed in I.A.No.I of 2023 in O.S.No.593 of 2023, which order of injunction, it is stated to be subsisting, this Court is of the view that the respondent authorities are to be directed not to interfere in the civil disputes that exist between the petitioner and 5th respondent, which are subjudice before the concerned Court-

8. However, it is made clear that since, respondent authorities have registered a case against 5th respondent vide Cr.No'118 of 2024, the respondent authorities shall conduct investigation in the aforesaid crime and file report before the concerned Court strictly in accordance with law.

9. Subject'to above observation and direction, this Writ Petition is disposed of. No costs.

10. Consequently, miscellaneous petitions, if any, pending shall stand closed. /TTRUE COPY// DEPu*'#alS|Iffi SECTIO N OFFICER of Telangana' To, he Principal Secretary' Home Department' The State mmissioner of Police' Khammam Commtssionerate, Khammam

1.7 Hvd erabad. 2. The City Co District :+*<-i -: '-= -.----------- ,1 Khammam Dii;trict.

3. The Circle lnsoector of Police, Wyra Circle, Khamma Commis sionerate, J. lhe s^qb lns-p-e c{or of po.rice, Konijerra porice station, Khamm.rm District. 5. one CC to SRt p.V.L. BHANU prhfnsn, AovocaL'1oeuc] -' 9 9n" CC to SRt CH. SUBRAMANYAM, AdvoCafe topittt- 7. Two CCs to G r FOR HOME, High Coirrt ioithe-Siiie of tetar gana. [OUT] 8. Two CD Copies ?s- BN LS / I l i I i HIGH COURT i DATED:2410312025 I \ t t ORDER WP.No.4605 of 2025 (Ht s 4/i \1 o (,^ (l O 22 AFn 206 .r+ Dr, DISPOSING OF THE WRIT PETITION WITHOUT COSTS Q+ ffi2t-

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