A two-judge bench dismissed a writ petition challenging police trespass and threats, holding that the challenge was not maintainable where the investigation was conducted based on a separate complaint and the allegations were denied in the counter-affidavit.
No relief was granted as the petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SMT.JUSTICE T.MEENA KUMARI
AND
THE HON’BLE SRI JUSTICE K.C.BHANU
WRIT PETITION No. 18207 OF 2005
Dt: 17.10.2005
Between:
P.Stalin Babu, R/o.Plot No.8, Sivasainagar Kushaiguda, Hyderabad … PETITIONER
AND
The Station House Officer, Kushaiguda Police Station Cyberabad, Hyderabad and others … RESPONDENTS
THE HON’BLE SMT.JUSTICE T.MEENA KUMARI
AND
THE HON’BLE SRI JUSTICE K.C.BHANU
WRIT PETITION No. 18207 OF 2005
ORDER: (per the Hon’ble Snt.Justice T.Meena Kumari)
This is a taken up Writ Petition basing on the Telegram dated 14.08.2005 sent by the petitioner complaining that on 13.08.2005 at 2.00 p.m. two Police Constables of Kushaiguda Police Station sent by the Inspector of Police, Kushaiguda trespassed into his house; forcibly thrown away all his house- hold articles on the road; pushed him and his family members out of the house; locked the door of his premises and threatened him with dire consequences.
Learned Government Pleader for Home took notice on behalf of the respondents and filed counter-affidavit of the Inspector of Police, Kushaiguda Police Station, Cyberabad.
In the counter-affidavit, the first respondent has denied the allegations made in the Telegram and stated that basing on the complaint dated 12.08.2005 given by one Mr.Syed Khaja alleging that the father of the petitioner and others criminally trespassed into his land in Survey Numbers 232 to 243 situated at Plot No.97, Kushaiguda, Hyderabad and threatened him with dire consequences, a case in Crime No.273 of 2005 under Sections 447, 506 I.P.C. and 3 and 4 of the A.P. Land Grabbing Act was registered and investigation was taken up. During the course of investigation in Crime No.273 of 2005, the first respondent deputed two constables to Plot No.97, Kushaiguda, Hyderabad on 13.08.2005 and caused enquiries with regard to the allegations made in the said complaint and that no enquiries were caused with regard to Plot Nos.8, 12 and 99 situated in Survey Numbers 232 to 243 as alleged by the petitioner. It is further stated that no case is registered or pending against the petitioner with regard to the plots in question and hence, the question of locking the house of the petitioner and threatening him does not arise.
In view of the categorical statements made in the counter-affidavit, the Writ Petition needs no interference and it is accordingly dismissed.
(T.MEENA KUMARI, J)
(K.C.BHANU, J)
Dt: 17.10.2005
bsv/lvl
3 issues framed by the court
Whether the Writ Petitioner was rightly granted relief concerning alleged police trespass and threats based on police investigations.
Did the Court have jurisdiction to interfere with the police investigation proceedings?
Has the station house officer committed a violation of fundamental rights of the petitioner?
Colour shows how this judgement treated each authority
nullReferred
2 provisions across 2 enactments
P.Stalin Babu
The Station House Officer, Kushaiguda Police Station, Cyberabad
T.MEENA KUMARI
K.C.BHANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
