Dismissed

Cheguri Anitha v. The State of Telangana and 6 others

Telangana HC4 Dec 2020WP/19687/2020

Case brief

AI extract

What is this about?

This is a writ petition under Article 226 and Order VII Rule 11 CPC where the petitioner alleged police interference in a civil dispute and threats to vacate her house. The court disposed of the petition noting that charge sheet was filed in the pending criminal case and no further police presence was required.

What did the court decide?

Petition disposed of; pending miscellaneous petitions stood closed; no direction issued to police to not summon or interfere further.

Cheguri Anitha Vs The State of Telangana… — Civil Procedure and Limitation | Telangana HC (2020)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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FRIDAY ,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY

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PRESENT

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THE HON'BLE SRI JUSTICE P. NAVEEN RAO

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WRIT PETITION NO: 19687 OF 2020

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Between:

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Cheguri Anitha, W/o. Ramesh Aged about 41 years, Occ. Housewife R/o. H. No. 12-1-6451168, Pathullaguda, Bandlaguda, Nagole, Uppal Mandal, Ranga Reddy District

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...PETITIONER

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,AND

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The State of Telangana, Home Department, Represented by its Principal Secretary, Telangana Secretariat, Hyderabad.

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The Commissioner of Police, Vayupuri Colony, Beside IVatkajgiri Court Complex, Neredmet - 500 056 Ranga Reddy District.

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The Deputy Commissioner of Police, L.B.Nagar, Ranga Reddy District, Hyderabad.

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The Assistant Commissioner of police, lbrahimpatnam, Ranga Reddy District, Telangana State

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5 The Station House Officer, L.B.Nagar Police Station, L.B. Nagar, Hyderabad.

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6 The Sub-lnspector of Police, L.B.Nagar Police Station, L.B. Nagar, Hyderabad.

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7 Dappu Vinodkumar, S/o. late Swamy Aged about 32 years, Occ. Pvt Employee R/o. H No. 2-2-58, Harijanabasthi, Nagole Uppal ( N/), R.R. District

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of writ of IVANDAII/US declaring the action of the official respondents in interfering in civil disputes and insisting the petitioner to vacate the Petitioner's house and handover to the 7th respondent and insisting the petitioner to settle the matter with the 7th respondent and further 'threatening the petitioner with dire consequences of implicating in false cases as illegal, arbitrary, unjustified and also in violatton of the principles of natural justice and in violation of Article 14 and 21 of the Constitution of lndia and for a consequential relief of a specific direction to the official respondents not to interfere in civil disputes between the petitioner and the unofficial respondent i.e.,7th respondent.

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lA NO: 1 OF 2020

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Petition under Sectron 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the official respondents not to interfere in civil disputes between the petitioner and the unofficial respondent i.e., 7th respondent and further not to summon the petitioner to the sth and 6th respondent police station, pending disposal of the writ petition and in the interest of^justice.

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Counsel for the Petitioner: SRI D. SRINIVAS

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Counsel for the Respondent Nos.1 to 6: AGP FOR HOME Counsel for the Respondent No.7:-----The Court made the following: ORDER

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¶25

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.19687 OF 2O2O

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ORDER:

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Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondents 1 to 6.

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This writ petition is filed alleging that the police are interfering in inter se civil disputes and insisting the petitioner to vacate her house and hand over possession to respondent No.7 and also insisting her to settle the matter with respondent No.7. Petitioner alleges that the respondent - police are threatening her with dire consequences if she does not comply with the said requirements and she would iace serious consequences.

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Learned Assistant Government Pleader for Home, on instructions, submits that Crime No.933 of 2O2O was registered against the petitioner on 09.08.2020 for the offences punishable under Sections 427, 448,504, 506 and 380 rlw.34 I.P.C. and she was shown as accused No. 1; after conducting investigation, charge sheet was filed in the Court of the Principal Junior Civil Judge at L.B.Nagar, and police are waiting for further orders from the learned Judge. He submits that as no other crime is pending against the petitioner, the respondent - police do not require the presence of the petitioner. He further submits that the respondent -^{police are not interferingin inter se civil disputes.}

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Having regard to the fact that investigation is already completed and charge sheet is liled in the pending crime, the respondent - police do not require the presence of the petitioner

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and therefore the issue of cailing the petitioner to the police station does not arise.

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The writ petition is accordingly disposed of. Pending miscellaneous petitions shall stand closed.

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SD/-M.RAMANA KRISHNA ASSISTANT REGISTRAR ,TRUE COPY' ) SECTION OFFICER

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To, 1. One CC to Sri D. Srinivas, Advocate tOpUCl 2 Two CCs to GP for Home, High Couri torifr! State of Telangana at Hyderabad. [OUTI 3. Two CD Copiei SM q'-

HIGH COURT

DATEO:0411212020

ORDER

WP.No.19687 ol 2020

1 H E s TA 14:
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i Pa, I

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DISPOSING OF THE WP

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WITHOUT COSTS

Cheguri Anitha v. The State of Telangana and 6 others

Case brief

What is this about?

What did the court decide?

Cheguri Anitha v. The State of Telangana and 6 others

Case brief

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What did the court decide?

What the court decided

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