Disposed

J. Saradamba v. The Asst. Commissioner of Police

Telangana HC7 Mar 2012WP/32309/2010

Case brief

AI extract

What is this about?

Writ petition filed challenging police interference in a civil property dispute. The respondent filed a counter-affidavit denying interference. The court disposed of the writ by recording the counter-affidavit relief but clarified that pending criminal cases do not preclude police investigation.

What did the court decide?

Writ petition disposed of by placing on record the statement in the counteraffidavit to the effect that police are not interfering with the civil dispute.

J. Saradamba Vs The Asst. Commissione… — Constitutional and Fundamental Rights | Telangana HC (2012)

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HON’BLE MR. JUSTICE R. SUBHASH REDDY

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Writ Petition No.32309 of 2010

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Date: March 7, 2012

Between:

J. Saradamba

… Petitioner

And

The Asst. Commissioner of Police, Madhurawada Police Sub-Division, Yandada, Visakhapatnam and others

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… Respondents

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Order:

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This writ petition is filed with the following prayer: “For all the reasons stated in the

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accompanying affidavit, this Hon’ble Court may be pleased to issue a writ or any appropriate writ/s or direction/s more particularly in the nature of mandamus declaring the action of the respondents in interfering with the day-today activities of the petitioner as illegal, arbitrary and unconstitutional and consequently direct the respondents not to harass the petitioner and be pleased to pass such other order/s as this Hon’ble Court deems fit and proper in the circumstances of the case.”

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It is the case of the petitioner that there is a dispute with regard to the house property bearing No.S/46, MIG No.112, situated at P.M. Palem, Visakhapatnam, between her and respondents 3 to 5. It is her grievance that though the said dispute is of civil nature, at the instance of respondents 3 to 5, respondents 1 and 2 are interfering in the said civil dispute between her and respondents 3 to 5.

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The 2^nd respondent, Inspector of Police, Pothina Mallayyapalem P.S., Visakhapatnam City, has filed counter-affidavit. In the counter-affidavit, referring to various factual aspects, it is stated that a case in Cr.No.429 of 2010 is registered against the petitioner and one Smt. D. Bangaruppa, for the offences under Sections 427, 448, 506 read with Section 34 IPC and there is no interference in the disputes between the petitioner and respondents 3 to 5 as alleged

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by the petitioner.

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When the matter is taken up, learned counsel for the petitioner made a request to dispose of the writ petition placing on record the statement made in the counteraffidavit that there is no interference by the respondentsPolice in the civil dispute between the petitioner and respondents 3 to 5.

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In view of the said request, writ petition is disposed of placing on record the statement made in the counteraffidavit to the effect that respondents 1 and 2 are not interfering with the civil dispute which exists between the petitioner and respondents 3 to 5 herein. However, it is made clear that if any crime is pending against the petitioner, this will not preclude the respondents-Police from conducting investigation and taking steps in accordance with law. No order as to costs.

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(R. SUBHASH REDDY, J)

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March 7, 2012 MRR

J. Saradamba v. The Asst. Commissioner of Police

Case brief

What is this about?

What did the court decide?

J. Saradamba v. The Asst. Commissioner of Police

Case brief

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What did the court decide?

What the court decided

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