Writ petition filed to stop police investigation in an FIR alleging land encroachment and threat. Court disposed of the petition by placing the Police Station's written instructions on record.
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THE HONOURABLE SRI JUSTICE A.V.SESHA SAI
WRIT PETITION No.36432 of 2018
ORDER:
When the matter is taken up, written instructions dated 01.10.2018 furnished by the Sub-Inspector of Police, Mailardevpalli Police Station are placed on record by the learned Government Pleader for Home.
To the extent of their relevance to the present writ petition, the
said instructions read as under:
“One Sri Sanjay Kumar (husband of the 4th respondent herein) has approached the Police of Mailardevpalli Police station and lodged a complaint on 27.9.2018 stating that when he went to his plot No.29 covered by Sy.No.47, 48 and 52 admeasuring 300 sq.yards situated in Venkateswara Colony, Kattedan and found one Sri Krishna Goud (petitioner herein) was damaging his compound wall and digging the plot and on questioning, the petitioner abused him in filthy language and threatened him with dire consequences by saying that he would kill him if once again come into the plot and hence requested to take necessary action as per law.
Basing on the contents of the above complaint, a case in Cr.No.800/2018 U/secs.447, 427, 504, 506 IPC dated 27.9.2018 was registered on the file of Mailardevpalli Police Station and taken up the investigation into the case.
The petitioner herein is shown as accused in the FIR. A copy of the FIR is annexed to this written instructions for the kind perusal of this Hon’ble Court.
The FIR was registered on 27.9.2018. This investigation is at the beginning stage. Necessary steps will be taken against him by following the due procedure.
On coming to know the lodging of the complaint by the husband of the 4th respondent herein, the petitioner to divert the attention of the investigating agency in not conducting the investigation into the case in a fair and proper manner and to escape from his criminal over acts in the commission of offence, the petitioner rushed to this Hon’ble Court and filed the present writ petition without any basis.
2
It is humbly submitted that as part of investigation, the petitioner is required. If any information is needed from him, certainly, the investigating agency will be proceed against him by following the due process of law.
It is pertinent to submit that except conducting the investigation into the case as contemplated under, this respondent never threatened the petitioner as alleged.”
On noticing the above instructions, a request is made by the learned counsel for the petitioner to place the said instructions on record and dispose of the writ petition.
Accordingly, the writ petition is disposed of by placing on record the written instructions dated 01.10.2018 furnished by the Sub-Inspector of Police, Mailardevpalli Police Station. There shall be no order as to costs.
Miscellaneous Petitions pending consideration, if any, in this
Writ Petition shall stand closed.
JUSTICE A.V.SESHA SAI
Date :25.10.2018 dv
Krishna Goud
Sub-Inspector of Police, Mailardevpalli Police Station
A.V. Seshasai
As recorded by the court registry
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