The High Court disposed of a writ petition by recording police instructions stating the dispute was civil and occurred abroad, denying criminal intent, and allowing alternative civil remedies.
Writ petition dismissed; petitioner granted liberty to avail other legal remedies.
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HON’BLE SRI JUSTI CE A.V.SESHA SAI
W .P.No.3 3 7 7 8 of 2 0 1 8
ORDER : -
None for the petitioner.
When the matter is taken up, the written instructions furnished by the Sub-Inspector of Police, Panjagutta Police Station, Hyderabad, dated 20.09.2018, are placed on record by the learned Government Pleader. The said instructions read as
under: -
“it is submitted that the petitioner herein had lodged a complaint, dated 20.12.2017, with the 5th respondent S.H.O., Panjagutta Police Station, Hyderabad, wherein he stated that the respondents 6 and 7 obtained loan of Rs.50 lakhs from the petitioner and in lieu of the said loan amount, the respondents 6 and 7 gave their title deed in respect of their plot bearing document No.11691, dated 07.11.2012. Thereon, on their request, the petitioner returned the said document to them. Thereafter, the respondents 6 and 7 filed a case in USA against the petitioner and the petitioner contested the same and both the parties entered into settlement agreement at USA, but the respondents 6 and 7 did not fulfill the condition of the said settlement agreement. The respondents 6 and 7 evaded to repay the said amount and trying to sell away the above said plot to third parties.
It is submitted that pursuant to the said complaint, the 5th respondent had enquired into the matter and it was revealed that there was a dispute between the petitioner and the respondents 6 and 7 with regard to money transaction at USA. However, the 5th respondent came to know that in preliminary
2
enquiry, the complaint is purely civil in nature. The cause of action arose at USA. The petitioner instead of approaching USA, lodged the above complaint with the respondent No.5-Station House Officer, Panjagutta Police Station, Hyderabad. In this connection, the same was informed to the petitioner by way of notice through registered post and suggested him to approach concerned authorities for redressal and also made entry into the General Diary.”
A notice, dated 15.09.20918, said to have been sent to the petitioner by way of Registered Post is also enclosed to the instructions.
Having regard to above, the Writ Petition is disposed of, by placing on record the said instructions furnished by the SubInspector of Police, Panjagutta Police Station, Hyderabad, dated 20.09.2018, with liberty to the petitioner to avail the remedies available to him, as per law.
Miscellaneous petitions pending, if any, shall stand
disposed of. There shall be no order as to costs.
______________ A.V.Sesh a Sai, J
Date: 13.11.2018 smr
1 issue framed by the court
Whether the civil dispute regarding non-repayment of a loan and settlement breach requires criminal investigation initiated by the police can be quashed via writ jurisdiction.
Petitioner
Respondents 6 and 7
5th Respondent (S.H.O.)
A.V.Sesh a Sai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
