Telangana High Court
Atchi Yellaya Reddy vs The State Of Andhra Pradesh on 26 December, 2018
THE HON'BLE SRI JUSTICE A.V.SESHA SAI
W.P.NO.43202 OF 2018
ORDER:
When the matter is taken up, the written instructions furnished by the Sub-Inspector of Police, P.M.Palem Police Station, Visakhapatnam City, are placed on record by the learned Government Pleader. The said instructions read as under:
It is submitted that, the petitioners filed this Writ Petition No.43202 of 2018 on 27.11.2018 declaring the action of the 5th respondent in not including the Land Grabbing Case in FIR No.582 of 2018 against the land grabbers who are grabbed the petitioners land in Survey No.48/1C, 48/1D, 48/2A, 48/2A1, 48/2C1, 48/2C2, 48/3B, 48/3E, 48,3E1, 48/5A1, 48/6C1 (total extent of 0.64 cents land) situated at Paradesipalem Village, Chinagadili Mandal, Visakhapatnam District is illegal, arbitrary, and in violation of Article 21 of the Constitution of India and consequently direct the 5th respondent to include the Land Grabbing Section in FIR No.582/2018 of Pothminamallayyapalem Police Station, Visakhapatnam City against the lands grabbers pursuant to the complaint made by the petitioner before the 3rd respondent and the same is forwarded to 5th respondent dated 04.04.2018 and pass such other orders as deem fit and proper in the circumstances of the case.
It is submitted that, the writ petition came to P.S. and submitted a complaint against four persons i.e. Kalagari Madan, Kalagari Suman, Vellanki Satyanarayana and Saddi Narsimhulu. Basing on the above complaint, a case in Crime No.582 of 2018 was 2 registered for the offence under Sections 384, 447, 506 read with 34 IPC by the Sub-Inspector of Police, P.M.Palem P.S. and issued F.I.R. During the course of investigation, the Sub Inspector of Police examined the complainant and another and recorded their statements. The Investigating Officer has to examine the some more witnesses. The Investigating Officer directed the complainant to produce the documents, the writ petitioner did not stated before the Investigating Officer that the property of the writ petitioner was grabbed.
It is submitted that, the contents of the writ petition discloses that the writ petitioner made a complaint to the Collector and District Magistrate, Visakhapatnam on 02.04.2018, but on verification of the Station records no petition is received from the Collector and District Magistrate, Visakhapatnam till date.
Having regard to the contents of the above written instructions, this Writ Petition is disposed of, by placing the said instructions on record furnished by the Inspector of Police, P.M.Palem Police Station, Visakhapatnam with a further direction to the respondent - police to proceed in accordance with law. No costs.
Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
_______________________________ A.V.SESHA SAI, J 26.12.2018 kvrm