HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 20556 OF 2008 DATED 26th November, 2014.
BETWEEN Mohd. Ghouse Pasha ….Petitioner And The Superintendent of Police, Kairmnagar and ors …Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 20556 OF 2008
ORDER:
Heard learned Counsel for the petitioner and learned Government Pleader for respondents 1 to 3.
The petitioner states that he is a native of Mallapur village, Karimnagar Mandal and District and that earlier he worked as a Village Assistant from 1994 to 2008 and thereafter he was promoted as a Village Administrative Officer. While working in the capacity of Village Administrative Officer, he was asked to come over to police station by the second respondent on 15.08.2008 and made to sit in the police station from 8.00 AM to 7.00 PM and on that day he was asked to tell about the dealings with M/s. Kaleemunnisa Begum, Khalid and Smt. Kaneez Fathima in connection with the land admeasuring Ac.35.33 gts situated in Sy.Nos.165, 166, 167 and 168 of Rekurthi village, Karimangar District. The petitioner submitted that he has nothing to do with the said persons and he had no interest in the said land. He was thereafter again asked to come over to police station from 16.08.2008 to 19.08.2008 continuously and made him to sit in the police station from morning to evening. In those circumstances, he filed the present Writ Petition.
The fourth respondent filed a counter affidavit stating that one Mr.Sadaboina Yadaiah filed a private complaint before the learned Additional Judicial First Class Magistrate, at Karimangar against the petitioner and others and upon receipt of the same by the police, a case in Crime No. 68 of 2008 was registered and investigation was taken up. It was the stand of the complainant that he was the owner of the land in Sy.No.535, admeasuring 0.38 guntas situated in Daddinammakunta, Laxminagar, Karimangar and that the petitioner and other accused persons fraudulently fabricated a forged document and got registered it on 9.3.2006. The petitioner was shown as Accused No.6. In view thereof, the petitioner and others filed Criminal Petition No.1745 of 2006 seeking to quash the FIR in Cr.No. 68 of 2008 and this Court at the stage of admission granted interim order on 28.03.2008 directing not to arrest the petitioners therein, however, it was directed that investigation may go on. It is stated that investigation is still pending for want of some more evidence. Similarly another complaint was lodged by one Mr. Ravula Sankaraiah , resident of Durgammagadda, Karimnagar, and a case in Crime No. 309 of 2007 was registered against the petitioner and others and the same was investigated into. In the said crime, the petitioner was shown as Accused No.1. The case of the complainant in the said crime is that the persons named in the complaint formed an unlawful assembly armed with deadly weapons and attacked the complainant and his relatives and caused bleeding injuries. Pursuant to the same, the petitioner was arrested on 07.11.2007 and investigation in the said crime was completed. After completion of investigation, a charge sheet was filed before the court of the learned Additional Judicial First class Magistrate, Karimnagar on 28.12.2007. In the counter the allegations of the petitioner were denied by the respondents. It is further stated that the police never harassed the petitioner and his family members and never interfered with the life and liberty of the petitioner at any point of time. Except registering Cr.No. 68 of 2008 in accordance with law, the respondent have nothing to do with the other allegations as stated in the writ affidavit.
In view of the aforesaid categorical averments made by the respondents in the counter affidavit, this Writ Petition is liable to be closed.
Accordingly the Writ Petition is closed. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 26th November, 2014. Msnrx