HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.26544 of 2023
ORDER:
This writ petition has been filed praying this Court to declare the action of respondent Nos.2 and 3 in not registering the complaints made by the petitioner on 10.08.2023 and 15.09.2023 to respondent No.2 as illegal, arbitrary, unconstitutional and consequently to direct respondent Nos.2 and 3 to follow the judgment of the Apex Court in Lalita Kumari v. State of Uttar Pradesh 1.
2. The petitioner claims to be resident of H.No.9-38, Dubbapally Village, H/o. Chelpur, Ghanpur (Mulugu) Mandal, Jayashankar Bhupalpally District. It is the case of the petitioner that her husband is the owner and possessor of agriculture land admeasuring Ac.3.37 guntas in Sy.No.1135 situated at Chelpur Village, Ghanpur (Mulugu) Mandal, Jayashankar Bhupalpally District and the revenue authorities also issued pattadar pass book and title deed in favour of her husband vide Khata No.1762. It is the further case of the petitioner that after the death of her 1 (2014) 2 SCC 1 2 CVBR, J Wp_26544_2023 husband respondent No.4, who is not having any right or title over the land, has instituted a suit vide O.S.No.918 of 2019 basing on the fake documents and started interfering with her peaceful possession and enjoyment over the subject property. It is the further case of the petitioner that when respondent Nos.4 to 10 are interfering with her peaceful possession and enjoyment, having no other alternative, she lodged a complaint against them and the grievance of the petitioner is that respondents-police are not taking any action on the complaints submitted by her by registering a crime against respondent Nos.4 to 10.
3. Learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3 has submitted that acting on the complaint submitted by the petitioner, a G.D. entry was made and conducted a preliminary enquiry, which revealed that there are serious civil disputes between the petitioner and respondent Nos.4 to 10 and further civil suit also pending vide O.S.No.918 of 2019, as such the respondents-police have closed the complaint as 'civil in nature' and the closure report was sent to the petitioner on 15.09.2023.
3
CVBR, J Wp_26544_2023
4. At this stage, learned counsel for the petitioner has submitted that so far the petitioner has not received any closure report and if the copy of the closure report is furnished she will take appropriate steps by approaching the competent forum.
5. In view of the said submissions, this Court deems it appropriate to dispose of the writ petition directing respondent No.3 to furnish the copy of the closure report to the petitioner to enable her to take appropriate steps as available under law.
6. With the above observations, the Writ Petition is disposed of. No costs.
7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
________________________________ JUSTICE C.V.BHASKAR REDDY 03.10.2023 gkv