WP/21000/2019 of P.Mahaboob Khan, Vs The State of Andhra Pradesh, on 31 December 2019

ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus declare the action of the Respondent Police in interfering in civil disputes and in threatening the Petitioners with dire consequences, registering false cases and arrest on their failure to vacate the land admeasuring Ac.3-38 Cents situated in Sy.Nos.444/D1 of Madagiri Village, Adoni Mandal, Kurnool District by removing the structures and in not implementing G.O.Ms.No.288, Home (PS and C.A2) Department dated 06/11/2010 and the directions granted by this Hon’ble Court in W.P.No.5473 of 2010 as illegal, arbitrary and violative of Articles 14,19,21 and 300-A of the Constitution of India and consequently direct the Respondent Police not to interfere in civil disputes and force the Petitioners to vacate their land”

Though the learned counsel for the petitioners raised several contentions attributing malafides to the police in interfering with the civil disputes, threatening the petitioners with dire consequences to vacate the land, this Court need not enquire into the truth or otherwise of the allegations in view of the written instructions dated 27.12.2019 placed on record by the learned Assistant Government Pleader for Home. In the said written instructions, it is stated that three crimes were registered against the petitioners i.e. Crime No.97 of 2018 on the file of III Town Police Station, Adoni for the offence punishable under Sections 120-b, 420, 427, 448, 468, 477 read with 34 of I.P.C. and under Section 156 (3) of Cr.P.C.; Crime No.98 of 2018 on the file of III Town Police Station, Adoni for the offence punishable under Sections 120-b, 420, 427, 448, 468, 477 read with 34 of I.P.C. and under Section 156 (3) of Cr.P.C.; and Crime No.99 of 2018 on the file of III Town Police Station, Adoni for the offence punishable under Sections 120-b, 420, 427, 448, 468, 477 read with 34 of I.P.C. and under Section 156 (3) of Cr.P.C. and they are pending against the

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petitioners and only for the purpose of investigation, the police authorities are calling the petitioners to the police station, but not otherwise and that the police are not interfering with the civil disputes.

During hearing, it is brought to the notice of this Court that this Court granted stay of arrest of the petitioners vide orders in Crl.P.No.798 of 2019, 832 of 2019 and 1110 of 2019.

Thus, the stay is only for arrest of the petitioners, but not from proceeding with the investigation in all the three crimes. Therefore, calling the petitioners to the police station in connection with the above crimes is not illegal, but interference of police with the civil disputes and threatening to register false cases against the petitioners is a serious illegality. Therefore, taking into consideration of all the facts and circumstances of the case including stay of arrest granted by this Court in Crl.P.No.798 of 2019, 832 of 2019 and 1110 of 2019, police authorities are permitted to call the petitioners for the limited purpose of investigation in the said crimes while directing the police not to interfere with the civil disputes.

With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs.

The miscellaneous petitions pending, if any, shall also stand closed.

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JUSTICE M. SATYANARAYANA MURTHY 31.12.2019 Ksp