A. Venkat Reddy And Another vs The State Of Telangana And 8 Others
2022 Latest Caselaw 3463 Tel

   THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN

                                      AND

  THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

                    WRIT APPEAL No.409 of 2022


JUDGMENT:       (Per the Hon'ble the Chief Justice Ujjal Bhuyan)



     Heard Mr. Ramakrishna K., learned counsel for the

appellants and Mr. T.Srikanth Reddy, learned Government

Pleader for Home for respondent Nos.1 to 4.

2. This intra-court appeal has been preferred against

the order dated 25.04.2022 passed by the learned Single

Judge dismissing W.P.No.20915 of 2022.

3. Relevant portion of the order dated 25.04.2022

reads as under:

"3. Learned counsel for the petitioners submits that there is an injunction order in favour of the petitioners in I.A.No.570 of 2016 in O.S.No.17 of 2016 on the file of II Additional District Judge, Nalgonda at Suryapet, and in spite of the said injunction order, the unofficial respondents are interfering with the possession of petitioners. He further submits that though the petitioners have filed complaints, the official respondents have failed to register the same and hence, they have 2 HCJ & SNJ W.A.No.409 of 2022

approached this Court seeking a direction to the respondents to provide police protection to them.

4. Learned Assistant Government Pleader for Home, on instructions, submits that basing on the complaint given by respondent No.5, two crimes were registered against the petitioners vide Cr.Nos.118 of 2022 and 126 of 2022 as they have criminally trespassed into the house of respondent No.5 by break opening the locks, damaged the household articles and threatened him with dire consequences. He submits that on coming to know about registration of criminal cases, the petitioners have filed the present writ petition.

5. The petitioners have relied upon the order dated 02-08-2016 in I.A.No.570 of 2016 in O.S.No.17 of 2016 on the file of II Additional District Judge, Nalgonda, at Suryapet, whereby ad interim injunction was granted in their favour and they are seeking police protection basing on the said order. In view of the crimes registered against the petitioners and that too, the said order being an ad-interim injunction, this Court is not inclined to grant any relief to the petitioners.

6. Accordingly, the Writ Petition is dismissed. No order as to costs."

4. In the hearing held on 29.06.2022, learned

counsel for the appellants submitted that complaints were

lodged by the appellants on 18.01.2022, 21.01.2022 and 3 HCJ & SNJ W.A.No.409 of 2022

15.02.2022 before the 4th respondent i.e., Station House

Officer, Suryapet, Suryapet District, alleging trespass by

respondent Nos.5 to 9 and thereby violating injunction order

of the civil Court.

5. This Court by order dated 29.06.2022 directed

learned Government Pleader for Home to obtain instructions

from respondent Nos.2, 3 & 4 as to what steps have been

taken on the aforesaid complaints lodged by the appellants.

6. In the hearing today, Mr. T.Srikanth Reddy,

learned Government Pleader for Home submits on

instructions that all the above three complaints have been

closed by the 4th respondent after due investigation taking the

view that the dispute raised therein are civil in nature and

therefore, no criminal investigation was called for.

7. Learned counsel for the appellants submits that

complaints lodged later by respondent Nos.5 to 9 have been

entertained and registered by respondent No.4 but the earlier

complaints of appellants were closed in the above manner.

                                 4                       HCJ & SNJ
                                                W.A.No.409 of 2022

8. After hearing learned counsel for the parties and

on due consideration, we are of the view that appellants have

got their remedy under the Code of Criminal Procedure, 1973

(briefly referred to hereinafter as 'Cr.P.C.') to question closure

of investigation by 4th respondent. That apart, appellants can

also lodge private complaint under Section 200 of Cr.P.C.

While we leave it to the appellants to seek their remedy in

accordance with law, we are not inclined to continue with the

present appeal.

9. Writ Appeal is accordingly closed with liberty as

above. However, there shall be no order as to costs.

10. As a sequel, miscellaneous applications pending, if

any, in the Writ Appeal, shall stand closed.

_________________________ UJJAL BHUYAN, CJ

_________________________ SUREPALLI NANDA, J Date: 06.07.2022 KL