HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 24707 OF 2008 DATED 26th November, 2014.
BETWEEN Sk. Dagadarthi Khadar Basha and ors ….Petitioners And Sub Inspector of Police, Vinjamuru Police Station, Nellore District and ors.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 24707 OF 2008
ORDER:
Heard learned Counsel for the petitioners and learned Government Pleader for respondents 1 to 3.
This Writ Petition was filed challenging action of respondents 1 and 2 in interfering with the land of the petitioners admeasuring Ac.0.49 gts comprised in Sy.No.570/1 of Vinjamuru village and Mandal, Nellore District.
This Court by order dated 12.11.2008 directed respondents 1 and 2 not to interfere with the civil disputes pending in respect of the land in question.
The first respondent filed a counter affidavit stating that one Mr. Shaik Dagadarthi Khasim Saheb filed a private complaint under Section 200 Cr.P.C. against petitioners 1 to 3 before the learned Judicial Magistrate of First Class, at Atmakur alleging that petitioners 1 to 3 forged the documents and acquired the complainant’s land which was succeeded to him after his father. It was further stated in the said complaint that petitioners 1 to 3 filed forged documents in the civil suit and cheated the court in O.S.No.491 of 2006 regarding the death certificate of one Amminabee with false date and used the same as genuine. After the said complaint was forwarded to respondents-Police for investigation and report under Section 156 (3) Cr.P.C., a case in Cr.No.23 of 2008 was registered on 30.4.2008 and investigation was taken up. During the investigation, four witnesses were examined and recorded their statements and a prima facie case had been established against petitioners 1 to 3 in FIR, who are accused 1 to 3. A final report was filed before the criminal Court. The second petitioner was arrested on 12.06.2008 and later he was remanded to judicial custody. Petitioners 1 and 2 (A1 and A2) obtained anticipatory bail from the court of learned V Additional District and Sessions Judge, Nellore in Crl.M.P.No. 721 of 2008. It is further stated that investigation is completed. It is further stated that the respondents never interfered with the civil disputes and never threatened the petitioners at any point of time and that they conducted investigation on a private complaint filed by said Dagadrthi Khasim Saheb in accordance with law.
In view of the aforesaid categorical averments made by the first respondent 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