The High Court · 2025

l5.Vallapu Srinivas, S/o. Chandralah, Age years, Occ. Agriculture, Rl/o. Duppelli village Valigonda Mandal, Yadadri-Bhongir District. -4p l6.Korupuri Sathaiah, S/o. Shankaralah, Age. 95 y9?r!, Ocr.:.R'T.C.. Driver, R/O.ialkesaran village, of Choutuppal Manal, Yadadri-Bhongil District.

17. Kanneboina Matchagiri, S/o. Shankaralah, Age 25 years Ctcc Agriculture' Rl/o. Duppelli viltage of Valigonda Mandal, Yadadri- Bhongir l)ir;trict

18. Kanneboina Parashuramulu, S/o. Mallaiah, Age.25 years Ctc,.;.Agriculture, FL/

0. Duppelli village of Valigonda Mandal, Yadadri-Bhongir Distri:t. ...RESPONDENTS lA NO: 1 OF 2024 Petition underr Section 151 CPC praying that in the circumstances stated in the affidavit filed irr support of the petition, the High Court may be pleased to direct the respondent No.6 /police not to foist the false cases in support of the unofficial respondents instead of provide police protection obstruction the petitioners to enter in to his owned registered lands for cultivation. Counsel for the Appellant : SRI G.L.NARASIMHA RAO Gounsel for the Respondents No.1to6: SRI MAHESH RAJE, GP FOR HOME Counsel for the Respondents No.7to18 : " The Court made the following: JUDGMENT THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HON'BLE SMT. JUSTICE RENUKA YARA WRIT APPEAI No.787 of 2O24 JUDGMENT (per the Hon'ble the Acting ChieI Justice WoA paut): Sri G.L. Narasimha Rao, Iearned counsel for the appellants and Sri Mahesh Raje, learned Government pleader for Home, for respondent Nos. 1 to 6. 2 This intra-court appeal assails the order dated 25.04.2024 passed by a learned Single Judge in W.p.No.9940 of

3. The principal prayer of the appellants before the writ court was regarding non-consideration of their representation i dated I4.O2.2O24.

4. Learned Government pleader for Home informed that the offence has been registered against the persons whose names were referred in the aforesaid representation and even charge sheet has also been liled.

5. l,earned Single Judge has examined the matter and recorded the following Iindings: 2 ' !1. Learned Assistant Government Pleade r for Horr.e, on the basis of the written instrucf ic'ns' subrni.tecl that on the complaint of the petilic ner No.I ,iated 1O.O3.2024 to the respondent Ir'o'6 enqtriry was conducted. As the allegations irl the said ,:,l,mplaint were non-co grrizable in naturr:, respor,dent No.6 took permission from the Judiciai Firs i (:tass Magistrate, Ramannapet and regis't<rred FIR.\o 128 of 2024 for the offences punishiLble unde r Section s 290, 323 and 506 read- v'"ith St:c t-ion 34 of t.he Indian Penal Code, 186O, against Kar''ula Venkanna and Kasuia Anasuya and the c€ sr) is under investigation. .

3. Assistant Government Plei Lder Learned stated that the Petitioner sha11 for F{ome further prorlirce Court order for extending necessary pr 'lice pror,ec lion and without Court order, police pror ec t.ion cannot be given.

4. Copy of the written instructions along r,vifh IfiR.No. i 28 of 2024 is served on the lear ned counsel for the Petitioners. :;. As it is stated that investigatiorr tn FIR.No. 128 ol 2024 is being undertaken, this C rurt is ;-r,rl: inclined to pass any order and thr: writ pet ti(rn is closed. However, the respondent llo' 6 is iir.,c,ted to ensure that respondents No.7 to 18 ancl accused persons in FIR.No.128 of 2024 do nc't lake 1aw irto iheir hands and complete the investigzrtton as ,lxr )editiously as Possible." Learrtr: I Single Judge, while passing the imprLgned order'

6. has considered the provisions of criminal larn'and in this view of the matter, this intra-court appeal is not maintainabl::' The Srrpreme Court in Ram Kishan Fauji v' State of 7 Haryanal, opi,red that the writ appeal/letters pat e llt appeal is not maintairl able against the order of the writ <:o urt when it r (2017) 5 SCC 533 i I I : I i I 3 examined a crimina-l matter' The similar view was followed by the High Court for the State of Telangana in State of Telangana v. Tushar Vellapally2 and the Gauhati High Court in Deba Prasad Dutta v. State of Assams' Accordingly, this Writ Appeal is disposed of by resemng 8. the liberty to the appellanis to file appropriate proceedings' No order as to costs. Interlocutory applications, if any pending' sha1l also stand closed' 2- 2027 5Cc 01 Unc T5 33+ '2oz7 ,cc Onbne Gau 36t51 AtR zo24 (fru 30 //TRUE COPY// To, Se Telangana, HYderabao' 1 The Principal Secretary' (Home Departmnet) ' ' 2. The Commissioner Of Police' Rachakonda Commisi . j:* *1"'r'f ,$ f, X[:13Lil, 3',?9:,T;,iSf,[fl [",,:d HYderabad. SD/-B.SAWAVATHI JOINT REGISTRAR SEcTlO N OFFICER tariat, State Of nerate , ECiL MM'Dist a co m m i si n e rate' B h o n s i r -;1,:,t'":'+aU:"dl1[?"J,:t3{:i}:3#t"XSI3'?dacommisinerate'Bhongir c i rcr e' Rach a ko n d a co m mi si n erate' at , *?.'$Sff :i'J:f#'E?'"T8llilJi?,Bit Rachakonda Commtstnt 6rhestationHt,:e_qll..%{".xiJlf, 8ff llJr"Ji"rti:s;[?liii.tli'o1l+'" 7. One CC to SRI G'L'NARASIMHA RAO' Advocate tOPUCl B. Two CCs to GP FOR HOME' High Court for the State of Telangana' [OUT] I BSK Two CD CoPies. LS HIGH COURT DATED:02 rc4t2121 JUDGMENT WA.No.787 of 2024 H1 E Cok 6{ 1oro 0 5 llAy 20u5 ot' z o I ! t .<-_ DISPOSING OF THE WRIT APPEAL WITHOUT COSTS I e\\4 \ ,*5 I I t