Research › Search › Judgment

Telangana High Court · body

2020 DIGILAW 665 (TS)

V. Venkata Rami Reddy v. State Of Telangna

2020-09-02

T.VINOD KUMAR

body2020
JUDGMENT T. Vinod Kumar, J. - The present writ petition is filed under Article 226 of the Constitution of India for issue of a Writ of Mandamus to declare the action of respondents 3 and 4 in harassing the petitioner by calling to the 4th respondent's police station by involving in civil disputes, as being illegal, arbitrary and against the principles of natural justice and violative of Articles 14, 19 and 21 of Constitution of India. 2. With the consent of both the parties, the present writ petition is taken up for hearing today, i.e. 02.09.2020, through Video Conferencing and is being disposed of at the admission stage. 3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondents. 4. The learned counsel for the petitioner while reiterating the writ averments would submit that there are civil disputes between the petitioner and the lessors at whose behest the 3rd & 4th respondents authorities are coercing the petitioner to appear before the said authorities. Learned counsel for the petitioner would further submit that in respect of civil disputes, the petitioner being aggrieved by the orders passed in IA No.440 of 2020 in OS No.220 of 2020 had preferred a CMA and the said CMA is pending consideration. While the civil disputes are pending, the respondent police authorities are interfering in civil disputes, which the said authorities lack jurisdiction. 5. The learned Assistant Government Pleader for Home has forwarded to this Court by e-mail, written instructions dated 01.09.2020 under the signature of 4th respondent authority. By the aforesaid written instructions, it is stated that based on the complaint made by one Smt. Ch. Aruna, w/o. Mudhusudhan Reddy of Bandlaguda, the 4th respondent authority registered a case, vide Crime No.518 of 2020 for the offences punishable under Sections 420, 468 and 471 IPC, dated 26.08.2020 and took up investigation into the case. 6. By the aforesaid written instructions, it is further stated that the sum and substance of the complaint lodged by the said Smt. Ch. Aruna is that the accused in the above crime has created fake documents with forgery signatures of her son-in-law and obtained house construction permission from the Municipal Commissioner, Pedda Amberpet, as well as obtained electricity connection over the plots without her son-in-law's knowledge and cheated the complainant by creating fake documents by using with forgery signatures. 7. Aruna is that the accused in the above crime has created fake documents with forgery signatures of her son-in-law and obtained house construction permission from the Municipal Commissioner, Pedda Amberpet, as well as obtained electricity connection over the plots without her son-in-law's knowledge and cheated the complainant by creating fake documents by using with forgery signatures. 7. By the said written instructions, it is further stated that the investigation into the crime registered is at the initial stage and necessary action would be taken against the accused depending upon the evidence adduced during the course of investigation. It is also stated that the petitioner/accused is required in connection with the investigation into the above case for collection of evidence to elicit the complicity of the accused in order to ensure that the Investigating Officer conducts fair and impartial investigation into the crime registered. 8. By the aforesaid written instructions, it is further stated that keeping in view the above case registered against the petitioner, the petitioner has come up with the present writ petition by making allegations against the respondent authority as interfering in civil disputes, while the respondent authority called the petitioner to appear before the authority and to produce evidence in support of his claim to ensure the said authority to ascertain the complicity of the petitioner in the above crime registered. 9. Having regard to the submissions made as above, since it is stated that a case, vide Crime No.518 of 2020 is registered against the petitioner and being investigated into, and also taking note of the submission of the learned counsel for the petitioner, that petitioner suffering with heart ailment, this Court is of the view that the respondent authorities can be directed to proceed with the investigation in the above case without interfering the life and liberty of the petitioner subject to the condition that the petitioner cooperates with the investigation and produces evidence in support of his claim. 10. Subject to the above observation and direction, the Writ Petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.