HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.37462 OF 2014 Date:10.12.2014 Between:
Muddineni Padmavathi and another .. Petitioners And The State of Andhra Pradesh, Rep., by its Principal Secretary (Home), Secretariat Buildings, Hyderabad and others .. Respondents HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.37462 OF 2014 ORDER:
The petitioners complained the action of the 2nd respondent in ignoring their earlier complaint dated 22.10.2014 when the accused person allegedly trespassed into their house and thrown away their household articles and locked the house. Since no action was taken on the said complaint of the petitioners, another complaint dated 24.11.2014 was filed. Alleging inaction on the part of respondents 4 and 5, the present Writ Petition is filed.
Instructions received by the learned Government Pleader for Home are that the petitioners are stated to be residing in the house of one Choppakatla Naga Vijaya Kumar since 25.10.2011 on rental basis. It is stated that the petitioners gave a hand loan to their owner and for recovery of the same, they filed O.S.No.211 of 2014 before the Principal Senior Civil Judge, Gudivada, which is stated to be pending. It is further stated that the said owner sold the house to the 6th respondent herein, who filed O.S.No.88 of 2014 for permanent injunction and sought interim injunction in I.A.No.179 of 2014. While the said suit is pending, the petitioners complaint dated 26.11.2014 was registered as Crime No.188 of 2014 and during the investigation, some witnesses were examined and it appears that the accused criminally trespassed into the petitioners house and created nuisance and thrown away the household articles. The instructions further show that the notices to the accused are already served under Section 41A Cr.P.C. and appropriate steps would be taken and, after completing the investigation, appropriate charge sheet would be filed.
In view of the investigation being already taken up and the progress made so far, in my view and in the interests of justice, the Writ Petition is disposed of directing the 5th respondent to complete the investigation as expeditiously as possible and file an appropriate report before the jurisdictional Magistrate. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
VILAS V. AFZULPURKAR, J
10.12.2014 KH