Telangana High Court
Kotha Kurma Balaraju vs State Of Telangana on 25 November, 2021
Bench: B.Vijaysen Reddy
The Hon'ble Sri Justice B. Vijaysen Reddy
W.P. Nos. 29781 & 25844 of 2015
Order:
Heard learned counsel for the petitioner in W.P.No.29781 of
2015 and learned Assistant Government Pleader for Home. No
representation for the petitioner in W.P.No.25844 of 2015.
2. W.P.No.29781 of 2015 is filed by Mereddy Laxman Reddy being
aggrieved by the action of respondent No.3 therein/Station House
Officer, Vanasthalipuram Police Station, in not receiving his complaint
dated 08.09.2015, and in not registering criminal case against
respondent No.4 therein (Kotha Kurma Balaraju).
3. WP.No.25844 of 2015 is filed by Kotha Kurma Balaraju seeking a
direction to respondent No.4 therein/Assistant Commissioner of
Police, Vanasthalipuram Division, Cyberabad, not to interfere with his
peaceful possession of lands admeasuring Ac.0.21½ guntas and
Ac.1.23 guntas in Survey Nos.159 & 201 and 203 respectively, situated
at Turka Yamzal Village, Hayathnagar Mandal, Ranga Reddy District.
4. In the counter-affidavit filed by the Assistant Commissioner of
Police, Vanasthalipuram, Division, Cyberabad (respondent No.4 in
W.P.No.25844 of 2015), it is stated that there is a boundary dispute
with regard to the land in Survey No.159 & 201 of Turka Yamjal
Village; that on 23.10.2008, Kotha Kurma Kumar has lodged a
complaint against one G.Yadaiah and others, which was registered as
Crime No.632 of 2008 of Vanasthalipuram Police Station, for the
offences punishable under Sections 447, 427, 323 r/w 34 IPC; that
charge sheet was filed on 24.12.2008 and the said case ended in acquittal
vide judgment dated 01.04.2014, in C.C.No.868 of 2008.
5. It is further stated that on a complaint made by the said
G.Yadaiah, a case in Crime No.558 of 2008 was registered against some
persons including Kotha Kurma Balaraju, for the offences punishable
under Sections 447, 504 r/w Section 34 IPC on 30.10.2008; that charge
sheet was filed and the said case also ended in acquittal vide judgment
dated 23.11.2011 in C.C.No.762 of 2008.
6. It is further stated therein that in order to resolve the boundary
dispute, a survey was conducted in the year 2009 by Assistant Director
(Survey and Land Records) and boundaries were fixed to the land in
question; that in the year 2011, G. Yadaiah sold the said land to one
G.Srisailam, who sold the same to Mereddy Laxman Reddy (petitioner
in W.P.No.29781 of 2015).
It is further stated therein that another case in Crime No.500 of
2013 registered against Kotha Kurma Balaraju, also ended in acquittal;
that subsequently, Mereddy Laxman Reddy filed a complaint alleging
that Kotha Kurma Balalraju illegally trespassed into his land and
demolished the compound wall with the help of JCB; that Crime
No.632 of 2015 was registered for the offences punishable under
Sections 447, 504, 506 IPC against Kotha Kurma Balaraju in the
Vanasthalipuram Police Station; that notices under Section 41-A
Cr.P.C., were issued to the accused and investigation was conducted.
7. Learned Assistant Government Pleader submits that Police never
interfered in civil disputes. He assures this Court that if any further
investigation needs to be conducted, necessary advice would be given to
the concerned Investigating Officer to complete the investigation
within a period for one month and if the case is closed as civil in nature,
intimation will be given to the petitioners in both these Writ Petitions.
8. Recording the same, these two Writ Petitions are disposed of.
In case no intimation is received by the petitioners regarding
completion of investigation in the aforesaid crime within the prescribed
period of one month, the concerned Investigation Officer shall submit
his explanation before the Registrar (Judicial) stating the reasons for not
completing the investigation.
As a sequel, Miscellaneous Petitions, pending if any, stand
disposed of.
___________________
(B. Vijaysen Reddy, J)
Dt: 25th November, 2021
Note:
Copy to
Registrar (Judicial).
B/o
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