Libertatem Magazine

If No Complaint Is Filed, No Further Orders Are Required To Be Passed: Telangana High Court

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Excerpt

In Matlakunta Sundaramma vs The State Of Telangana, on January 8, 2021, the Telangana High Court decided that there is no requirement of passing orders as there is no complaint lodged by the petitioner.

Brief Facts of the Case

Petitioner claims to be the owner and in possession of land admeasuring Ac.5.00 in Sy.No.1130/46 of Aswaraopeta Village and Mandal, Bhadradri Kothagudem District. While so, the unofficial respondents who are no way concerned with the property are trying to interfere and threatening to occupy the same. On 31.12.2020 the unofficial respondents came to her land with a tractor illegally and trespassed into her land. When she questioned, the unofficial respondents came on to her with deadly weapons and threatened her with dire consequences.

Petitioner further alleged that respondents 3 and 4 summoned her to the police station on 04.01.2021 and made her sit till late in the night and again threatened her with dire consequences unless she settled the dispute with the unofficial respondents. Petitioner alleged that the police continued to pressurize her with threats of dire consequences. Thus serious allegations are made against the unofficial respondents of trespassing into petitioner’s land, exerting threats on her by wielding deadly weapons, but strangely petitioner has not lodged any complaint and on the contrary, she alleges that respondent-police are interfering in civil disputes and threatening the petitioner with dire consequences unless she resolves civil disputes with the unofficial respondents.

Submission of the Respondent

The learned Assistant Government Pleader denies the involvement of police in civil disputes. He also submits that so far no crime is reported against the petitioner by any person including the unofficial respondents and petitioner is not required for investigation.

Order of the Court

Having regard to this assertion of learned Assistant Government Pleader and having regard to the fact that though petitioner alleges trespassing into her land, threatening her with dire consequences by carrying deadly weapons, as no complaint is filed, no further orders are required to be passed in this writ petition.

Click here to read the judgment.


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