IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION Nos.31622 AND 31702 of 2014 BETWEEN B.Rathna Kumari and V.Venkateswara Rao AND ... PETITIONERS The State of Andhra Pradesh, Rep. by its Principal Secretary (Department of Revenue), A.P. Secretariat Building, Hyderabad and others.
...RESPONDENTS The Court made the following:
COMMON ORDER:
Heard.
2. These writ petitions relate to crime No.244 of 2014 registered on 25.08.2011 on the file of Chilakaluripet Urban Police Station. The allegation of the petitioners in these writ petitions are that during the pendency of investigation of the said crime, it was alleged that the accused persons had entered into benami transactions with respect to properties bearing D.No.4-325, Purshothamapatnam Village, Chilakaluripet Municipality, Guntur District and agricultural land to an extent of Ac.2-00 cents in D.No.647 of Pasumarru village, Chilakaluripet Mandal, Guntur District. The petitioners challenge the action of the respondent-police in erecting a notice board on the above said property on the ground that police had no such authority to erect a notice board. Copy of the same is produced along with the photographs filed Ex.P3, which shows that crime No.244 of 2014 was displayed on the notice board and it was stated that it is subject matter of investigation relating to the property.
3. Learned Government Pleader, who has received instructions from the Inspector of Police, Chilakaluripet Police Station, states that one Rachamallu Nageswara Rao, Proprietor of R.R.Cloth Show Room, Chilakaluripet town, Guntur, had lodged a complaint with the Station House Officer, Chilakaluripet Urban Police Station, against four persons, who are ex-employees of the show room of the complainant, stating that they have misappropriated the funds and requested police to take necessary action. The said complaint was registered as crime No.244 of 2014 and investigation was taken up. During the course of investigation, the statement of the complainant and other witnesses was recorded and it was revealed that the petitioners herein and two others were also involved in the said offence and as such names of the petitioners were also included in the F.I.R. as A4 to A6. Further, it was accepted that notice boards were erected at the above said properties, as a part of investigation, but subsequently the same were removed from the above said properties. It is further submitted that the documents relating to the above said properties along with other properties were seized under cover of panchanama and the same were deposited under Form 66 before the Additional Junior Civil Judge, Chilakaluripeta on 19.05.2012 and on completion of investigation, charge sheet was also filed, which is pending trial in C.C.No.317 of 2012 before the said court.
4. Since the charge sheet was already filed, the other writ petition i.e., W.P.No.31676 of 2014 does not survive as the petitioner has to take appropriate stand before the learned Magistrate in the said criminal case. Learned counsel for the petitioner in the said writ petition sought withdrawal of the same and the same was dismissed as withdrawn today.
5. Insofar as these writ petitions are concerned, since the notice boards were already removed, the grievance of the petitioners in these petitions also does not any more survive.
Accordingly, both these writ petitions are disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J November 7, 2014 LMV