Telangana High Court
Gudur Krishna Murthy And 3 Others vs The State Of Telangana And 4 Others on 8 June, 2020
Author: T.Vinod Kumar
Bench: T.Vinod Kumar
THE HON'BLE SRI JUSTICE T.VINOD KUMAR
WRIT PETITION No.7753 of 2020
O R D E R:
The present writ petition is filed, under Article 226 of the Constitution of India, to declare the action of respondents 3 and 4 in interfering with the personal life and liberty of the petitioners by calling them to the police station and making them to sit late night in the police station and pressuring the petitioners to execute a sale deed in favour of respondent No.5 in relation to premises bearing Plot No.7 in survey Nos.21/1, 21/2 and 22 admeasuring 468 square yards situated at Begumpet, Hyderabad, as illegal, arbitrary, without jurisdiction and in violation of Articles 21 and 300A of the Constitution of India.
2. The present writ petition is taken up for hearing today, i.e. 08.06.2020, through Video Conferencing.
3. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 4.
4. Learned counsel for the petitioners submits that there are inter se disputes between the petitioners and respondent No.5 in respect of the property situated at Begumpet and it appears that respondent No.5 had filed a suit before the learned XII Additional Chief Judge, City Civil Court, Secunderabad, vide O.S.No.128 of 2017, seeking specific performance of an agreement of sale stated to have been executed in the year 2014. Learned counsel for the petitioners also submits that the above suit was decreed ex parte in favour of respondent No.5 in the present writ petition, who is the plaintiff in the above suit, on 01.06.2020. Even before the said 2 suit came to be decreed in favour of respondent No.5, respondent Nos.3 and 4 are calling the petitioners to the police station and forced and threatened the petitioners to register a document in favour of respondent No.5, and thereby, interfering in civil disputes and also with the life and liberty of the petitioners.
5. Per contra, learned Assistant Government Pleader has forwarded by e-mail a copy of the written instructions, dated --06.2020, under the signature of the Sub-Inspector of Police, Begumpet Police Station, Hyderabad, wherein it is stated that on 29.05.2020, one Yogesh Agarwal lodged a complaint against the petitioners in respect of premises bearing Plot No.7 in Survey Nos.21/1 and 21/2 and 22 situated at Begumpet, Secunderabad, for cheating. A copy of the complaint as filed has also been annexed to the written instructions, which shows that in respect of the said property, it is being claimed that the petitioners have executed various registered sale deeds in favour of the complainant and other members as mentioned therein and the petitioners are avoiding to deliver possession, for which the complainant - Yogesh Agarwal lodged the complaint with respondent No.4 for cheating.
6. By the said written instructions, it has been stated that upon receiving the complaint, a case was registered, vide Crime No.218 of 2020, under Section 420 IPC on the file of the 4th respondent police station, against the petitioners in the present writ petition and investigation has been taken up. During the course of investigation, the complainant has been examined and his statement was also recorded and notices under Section 41-A Cr.P.C., dated 01.06.2020, were served on the petitioners in the present writ petition, who are arrayed as accused in the above crime.
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7. By the said written instructions, it is stated that except investigating into the above crime registered against the petitioners herein, the respondent police never interfered with the personal life and liberty of the petitioners, nor detained them in the police station or pressurized them to execute a sale deed in favour of respondent No.5 in the present writ petition in respect of the premises situated at Begumpet.
8. Having regard to the above said submissions made on behalf of the respondent police authorities that they are not interfering in the civil disputes between the petitioners and respondent No.5, except investigating into Crime No.218 of 2020 registered on the basis of the complaint made by one Yogesh Agarwal, no orders are required to be passed in the matter, and it is needles to mention that the respondent authorities shall conduct investigation into the above crime strictly in accordance with law without interfering with the personal life and liberty of the petitioners.
9. Subject to the above observation and direction, the writ petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
_____________________ JUSTICE T.VINOD KUMAR Date:08.06.2020 GJ