Excerpt:
In Mr Mirzaasiambalg vs The State Of Telangana And three Others, on January 5, 2021, the Telangana High Court directed the Respondent Police not to involve in inter se civil disputes between the Petitioner and 4th Respondent. The Court also directed that the claims of parties are preserved to be agitated in appropriate proceedings.
Brief Facts of the Case:
The Petitioner purchased a house property of Vigneswara Colony, Balaji Nagar, Jawahar Nagar Municipality Medchal-Malkajgiri District. The 4th Respondent tried to interfere with the physical possession of the property, therefore, the Petitioner made a complaint on 12.11.2020 to the Station House Officer, Jawahar Nagar Police Station-3rd Respondent, followed by another complaint on 16.11.2020 to the Commissioner of Police-2nd Respondent, no action was taken on the said complaint. At the instance of the 4th Respondent, the 3rd Respondent came to his premises and was trying to vacate the petitioner, threatening him with dire consequences, if he does not vacate the premises. According to the Petitioner, the 3rd Respondent again visited the premises and directed the petitioner to settle the issue by sitting in the police station. In this writ petition, the Petitioner prayed to declare the action of the 3rd Respondent in interfering in civil disputes by calling him to the police station and forcing him to settle the dispute with 4th Respondent as illegal.
Submission of the Respondents:
The learned Assistant Government Pleader submitted that a person by the name of Dara Sadanand lodged a complaint against the petitioner. Based on the said complaint registered in Jawaharnagar Police Station on 25.11.2020 under Sections 447, 427, and 506 of the Indian Penal Code, and police are only investigating the crime and are not involving in inter se civil disputes among the parties.
Learned Counsel Sri G.Praveen Kumar appeared for the 4th Respondent asserted that the Petitioner is making a false claim and he has nothing to do with the subject property.
Observation of the Court:
The Court observed that it should not enter into the inter civil disputes between the parties.
Order of the Court:
The Court directed the Respondent Police to confine their investigation into the crime reported and further directed not to involve in inter civil disputes between the Petitioner and 4th Respondent. The Court also made it clear that the respective claims of parties are preserved to be agitated in appropriate proceedings.
Click here to view the judgment.
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