Single judge order dismissing a writ petition challenging alleged police inaction. The court held the matter was purely civil, closing the complaint, and left the petitioner with criminal procedure remedies.
Writ petition dismissed; miscellaneous petitions disposed of; no order as to costs.
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THE HON’BLE SRI JUSTI CE A.V.SESHA SAI
W.P.No.4402 of 2018
O R D E R:
The grievance of the petitioner in the present writ petition is the alleged inaction on the part of the respondent in taking action and registering FIR on the complaint of the petitioner dated 25.01.2018.
“4. It is respectfully submitted that in the enquiry, this respondent has obtained instructions from the Tahsildar, Asifnagar mandal vide Lr.No.B2/62/2018 dated 3.2.1018 stating that post picketing at the subject land resident H.No.12-2-393 to 413 to avoid illegal encroachments and untoward incidents. A careful reading of the complaint of the petitioner herein as well as the report of the Tahsildar, it came to light that the matter of the petitioner herein is to declare the ownership of the said land which is purely civil in nature. Accordingly, the complaint of the petitioner herein was closed as civil nature. To that effect a notice dated 1.3.2018 was also communicated to the petitioner herein which was received by him on 1.3.2018 itself. Since the dispute of the petitioner as well as the persons named in the complaint is purely civil in nature and hence no action was taken on the complaint dated.25.1.2018 and accordingly the result of the petition was communicated to the petitioner herein on 1.3.2017. The contentions contra is untrue and hereby denied. The allegations contra are untenable. There are no merits whatsoever warranting the interference of this Hon'ble Court under Art.226 of the Constitution of India. The writ petition is liable to be dismissed.”
______________ A.V.SESHA SAI, J
Date: 12.11.2018
2
THE HON’BLE SRI JUSTI CE A.V.SESHA SAI
W.P.No.4402 of 2018
Dated: 12.11.2018
grk
1 issue framed by the court
Whether the writ petition challenging police inaction on a civil nature complaint warrants interference.
Petitioner
Inspector of Police, Tappachabutra Police Station
Tahsildar, Asifnagar
A.V. SESA SAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
