IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 35956 of 2014 BETWEEN M.S.Ramayya Constructions Pvt. Ltd., AND ... PETITIONER 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:
ORDER:
Heard.
2. Petitioner is an accused in crime No.12 of 2012 registered for the offences punishable under Sections 447, 420, 468 and 471 r/w 34 IPC and Sections 3 and 4 of A.P.Land Grabbing Act. The said Crime was registered on 10.01.2012 and appears to have investigated fully. Petitioner alleges that though the dispute is of civil nature respondent-police are interfering with his possession. Hence, he approached this court by this writ petition.
3. Instructions of the learned Government Pleader show that the petitioner had approached this court in Crl.P.No.864 of 2012 for quashing of the said complaint and though interim stay of arrest was granted on 25.01.2012, the same was vacated on 19.06.2014. Thereafter, four witnesses were examined during investigation, but none of them supported the version of the complainant. It is further stated that after detailed consideration and after obtaining opinion from the Assistant Public Prosecutor, the Assistant Commissioner of Police, (North), Visakhapatnam District, under his reference dated 29.07.2014 accorded permission to refer the case as civil in nature. Accordingly, after serving notice on the complainant final report is already filed on 29.07.2014 before the Principal Junior Civil Judge-cum-Special Court for Land Grabbing Act.
4. In view of the fact that the final report is already filed referring the case as civil in nature, the grievance of the petitioner in this writ petition against respondent Nos.2 to 6 also does not survive as the police themselves have referred the case as civil in nature. Consequently, no further orders are required in this writ petition.
The writ petition is, accordingly, dismissed. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J December 11, 2014 LMV