Partly allowed

Gangumalla Rama Rao v. The State of Andhra Pradesh and 10 others

Andhra Pradesh HC11 Dec 2019WP/1254/2019

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking registration of a crime involving an attempted killing by armed strangers on his land. The court held the dispute cannot be treated as purely civil despite police instructions and directed police to register the offence under Section 447 of the IPC.

What did the court decide?

The writ petition is allowed in part: directing police officials to register the crime against unofficial respondents based on the complaint dated 18.12.2018 for offences under Section 447 of IPC.

Gangumalla Rama Rao Vs The State of Andhra… — Cheating and Forgery | Andhra Pradesh HC (2019)

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THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY

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Writ Petition No.1254 of 2019

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ORDER:

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This writ petition under Article 226 of Constitution of India is filed, claiming following reliefs:

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The relief consists of two parts, first part is pertaining to validity of registration of crime against petitioner in Crime No.310 of 2018 dated 27.12.2018 under Sections 107 and 145 of Criminal Procedure Code (for short Cr.P.C) and the second relief is pertaining to nonregistration of crime based on complaint of petitioner dated 18.12.2018.

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As regards first limb is concerned, petitioner admitted that proceedings under Sections 107 and 145 of Cr.P.C are initiated before Mandal Executive Magistrate, Kothapeta and Mandal Executive Magistrate passed order, the same is subject matter of W.P No.19980 of 2019. Therefore, first limb of relief, claimed in this writ petition became infructuous, subject to decision in W.P No.19980 of 2019, nothing is required to be adjudicated on this issue. Hence, first limb of relief is rejected.

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The second limb claimed by petitioner is to register crime against unofficial respondents who entered into property of petitioner in Sy.Nos.1/3, 126/1, 126/2, 126/3, 124/4, 100/1, 100/2 and 100/3, armed with deadly weapons like knives etc, made an attempt to kill the petitioner while he is ploughing land in the above survey numbers, with a view to save himself, petitioner ran away from the land, raised cries, on intervention of neighbours, on hearing cries, unofficial respondents left the land on tractor. This incident would

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2 MSM, J wp_1254_ 2019

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attract offences punishable under Sections 447 and 506 of Indian Penal Code (for short I.P.C), but for one reason or the other, police did not register crime against unofficial respondents, on the other hand, in the written instructions placed on record, submitted that the dispute is purely civil in nature, but the same cannot be accepted, in view of specific allegation made in the complaint disclosing cognizable offence punishable under Section 447 and 506 of I.P.C. Therefore, the action of police officials, being public officers amounts to failure to discharge their public duty. In such case Court can issue direction by way of writ of mandamus, directing police officials to register crime against unofficial respondents, based on the complaint dated 18.12.2018.

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In the result, the writ petition is allowed in part, rejecting first limb of relief, while directing police officials to register crime against unofficial respondents, for the offence punishable under Section 447 of I.P.C or any other offence. There shall be no order as to costs.

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Consequently, miscellaneous petitions, pending if any, shall stand closed.

¶12

JUSTICE M. SATYANARAYANA MURTHY

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Dated 11.12.2019 Rvk

Gangumalla Rama Rao v. The State of Andhra Pradesh and 10 others

Case brief

What is this about?

What did the court decide?

Gangumalla Rama Rao v. The State of Andhra Pradesh and 10 others

Case brief

What is this about?

What did the court decide?

What the court decided

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