Challa Gayathri Devi vs The State Of Telangana And 9 Others

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                   AND
           THE HON'BLE SRI JUSTICE N. TUKARAMJI


                 WRIT APPEAL No.647 of 2019


JUDGMENT:   (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


     The present writ appeal is arising out of the order

dated 12.06.2019 passed by the learned Single Judge in

W.P.No.5476 of 2019.

     The facts of the case reveal that the writ petition

was preferred by the appellant and it was stated that the

Police is trying to interfere with the peaceful possession

of the appellant. It was also stated that a crime has been

registered in the matter i.e., Crime No.92 of 2019 on the

file of the Shamirpet Police Station. However, the Station

House Officer is not taking any action in the matter. The

learned Government Pleader for Home Department, on

instructions, has stated before the learned Single Judge

that in respect of civil dispute, the Police authorities are

not at all interfering, and they are only investigating

Crime No.92 of 2019 on the file of the Shamirpet Police

Station. It was also brought to the notice of the learned

Single Judge that the civil court has granted injunction

in favour of one Koteshwar Goud/respondent No.7 in the

writ petition in O.S.No.95 of 2019 against the appellant. Keeping in view the aforesaid, the writ petition was 2 disposed of with a direction to the Police not to interfere with the civil disputes pending between the parties and it was also observed that the Police authorities will also be free to proceed ahead with the investigation of the crime and shall also implement the directions issued by the civil court.

In the considered opinion of this Court, in case there is any violation in the injunction order granted in the matter, the remedy lies elsewhere and not before the writ Court and in case the appellant is alleging commission of any crime, she is certainly having a remedy to file a complaint case. This Court does not find any reason to interfere with the order passed by the learned Single Judge.

The writ appeal is accordingly disposed of. The miscellaneous applications pending in this writ appeal, if any, shall stand closed. There shall be no order as to costs.

___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ N. TUKARAMJI, J 02.12.2021 vs