Andhra Pradesh High Court - Amravati
Jangam Kota Veera Harnath, vs The Station House Officer, on 4 December, 2019
Author: M. Satyanarayana Murthy
Bench: M. Satyanarayana Murthy
1
THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY
WRIT PETITION NO.19497 of 2019
ORDER:
This Petition, under Article 226 of the Constitution of India, is filed by the petitioners, questioning the inaction of the respondents 1 to 3 in not registering the crime against the respondents 7 and 8, who illegally trespassed into the land of the petitioners to an extent of Ac.4-09 guntas in Sy.No.88 at Bhupanapadu Village, Panyam Mandal, Kurnool District, which belong to the 6th respondent temple given as service inam lands to the archakas, being enjoyed by the petitioners for rendering services, and declare the in action of respondents 1 to 3 as illegal and contrary.
2. The petitioners are claiming to be inamdars rendering their services to the 6th respondent temple as archakas. The land was given to them as service inam in lieu of rendering service to the temple and they are in possession and enjoyment of the said land. Whether they were granted service inams and whether they are rendering services to the temple is a question to be decided in different proceedings. In view of the observations made in the Writ Petition No.2394 of 2019, the petitioners are in possession and enjoyment of the service inams rendering service to the 6th respondent temple. While so, respondents 7 and 8 allegedly trespassed into their property along with their supporters thirty (30) in number; obstructed the tractor while ploughing their land; pulled the cleaner and driver of the tractor; threatened to see their end, and if any crop is raised, they are ready to damage the crop and take away the crop etc., Therefore, in view of the incident, a report dated 08-09-2019 was lodged with the police; but no crime was registered for different reasons best known to the respondents 1 to 3 2 and their inaction is now challenged before this Court as the respondents 1 to 3 being public officers failed to discharge their public duty and requested to issue a direction to the respondents 1 to 3 to register a crime against the culprits and investigate into.
3. The learned counsel for petitioners reiterated the contentions, whereas the leaned Assistant Government Pleader for Home contended that based on the complaint, the Sub-Inspector of Police, Panyam suggested the petitioners to obtain a legal opinion with regard to the lands to register a crime and investigate into it, but no opinion was obtained till date and no crime is registered.
4. The allegations made in the complaint dated 08-09-2019 disclose the information about commission of cognizable offence punishable under Sections 447 and 506 IPC prima facie. Despite disclosing the information about commission of cognizable offence in the complaint, respondents 1 to 3 did not register any crime and such inaction on the part of the respondents 1 to 3 in non-registration of the complaint is illegal, arbitrary and contrary to the guidelines issued by the Apex Court in Lalitha Kumari vs. Government of U.P.,1
5. In similar circumstances, the Apex Court in Lalitha Kumari vs. Government of U.P.,1 laid certain guidelines directing the police officials to register a crime whenever information is received about commission of a cognizable offence to set the criminal into motion. 1 (2014) 2 SCC 1 3
6. In view of the principles laid down, the inaction of the part of respondents 1 to 3 in not registering the crime though the complaint disclosing information about commission of cognizable offence is declared as illegal and contrary to law.
7. In the result, this Writ Petition is allowed directing respondents 1 to 3 to register a crime against respondents 7 and 8, issue FIR and take further steps in accordance with law.
8. With the above direction, this Writ Petition is allowed. There shall be no order as to costs.
As a sequel, Interlocutory Applications pending, if any, shall stand closed.
___________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 04-12-2019 Note: Furnish C.C by 09-12-2019.
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IS 4 HONOURABLE SRI JUSTICE M. SATYANARAYANA MURTHY WRIT PETITION No.19497 of 2019 Date: 04-12-2019 Note: Furnish C.C by 09-12-2019.
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IS