Citation : 2023 Latest Caselaw 2837 Tel
Judgement Date : 3 October, 2023
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
(2014) 2 SCC 1
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.
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
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