Bench of Justice B.Chandra Kumar disposed of a criminal revision petition against dismissal of an application seeking police aid. Granted liberty to file fresh application and directed SHO to provide aid meanwhile.
Liberty to file fresh application and direction to SHO to provide assistance.
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THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR
CIVIL REVISION PETITION No.3925 of 2011
Dated:- 23rd September, 2011
Between Korada Sri Krishna Murty Golivi Mallesu and others
AND
…Petitioners
…Respondents
THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR
CIVIL REVISION PETITION No.3925 of 2011
ORDER:-
This revision is directed against the order dated 29.07.2011 passed in I.A.No.341 of 2010 in O.S.No.58 of 2010 by the learned Special Judge for trial of cases under SCs & STs (POA) Act, 1989 – cum – Additional District Judge, Srikakulam, whereby and whereunder, the application filed by the petitioners herein seeking police aid was dismissed.
The Court below dismissed the application mainly holding that the interim injunction was granted to the petitioners on 24.11.2010 and immediately on the next day, i.e., on 25.11.2010, they filed the I.A. seeking police aid and, therefore, there are not entitled to the relief claimed by them. Aggrieved by the same, the petitioners filed this revision.
Sri A.Chandrasekhar, learned counsel for the petitioners submitted that the respondents herein are continuing to violate the injunction order granted by the Court below and that the petitioners have lodged a police complaint with police, Gara, on 11.01.2011 basing upon which, the police, Gara, registered a case in Crime No.04 of 2011 and that in spite of the same, the petitioners are finding it difficult to harvest the crops in the suit schedule lands. It
appears that the Court below is justified in dismissing the application since the application seeking police aid was filed on the very next day of passing of interim injunction order and since eight months period was already over from the date of the petition. It is not clear under what circumstances the delay occurred in disposal of the said application by the Court below, but the fact remains that the said application was disposed of after a period of seven months from the date of its filing.
In view of the above, the petitioners are granted liberty to file fresh application seeking police aid before the Court below by incorporating all the subsequent developments and the alleged interference by the respondents into their peaceful possession over the suit schedule lands etc., and seek fresh orders from the Court below. Since it is represented that though interim injunction has been granted to the petitioners, but the petitioners are facing difficulty in harvesting of the crop over the suit schedule lands due to continuous interference by the respondents, the Station House Officer, Gara Police Station, Srikakulam District, is hereby directed to provide necessary aid to the petitioners in the meanwhile.
With the above observations, the revision is disposed of at the admission stage. No costs.
_________________________ Justice B.Chandra Kumar
23rd September, 2011 Bvv
Note:- Issue C.C. by 26.09.2011 (B/o) Bvv
1 issue framed by the court
Whether police aid should be granted to petitioners during pendency of civil suit for eviction despite prior interim injunction dismissal and alleged discharge delay.
Korada Sri Krishna Murty Golivi Mallesu and others
Respondents
B.Chandra Kumar
As recorded by the court registry
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