Police Are Bound To Conduct Physical Inspection To Ascertain True Facts and Carry on Investigation if the Crime Relates To a Landed Property: Telangana High Court

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In Goud Sangam Toddy Topper Society vs The Station House Officer And 7, on January 6, 2021, Telangana High Court directed that once a crime is reported, police are bound to investigate the crime and if the crime relates to landed property, the police are also bound to conduct a physical inspection to ascertain facts and carry on the investigation.

Brief Facts of the Case 

Petitioners 2 to 4 were the founder trustees of Yellamma temple in Akkireddypally Village. The executive members of the goddess Yellamma temple are managing and administering all the affairs of the temple. The petitioner further narrated inter se civil litigation. In the writ petition, petitioner alleged that respondents 1 and 2 are interfering in inter se civil disputes pending between the petitioners and unofficial respondents 5 to 8 in respect of the suit schedule Yellamma temple property in Ankireddypally Village, Kondapaka Mandal, Siddipet District to an extent of Ac.0.04 guntas for ingress and egress of the petitioners.

The learned Assistant Government Pleader produced a photocopy of the crime reported by Bal Narsaiah. Sri Bal Narsaiah claimed that his family was responsible for constructing the goddess Yellamma temple and they are managing the affairs of the temple, whereas, the persons named in the complaint belonging to the Gouda community, entered into the temple premises, broke opened the lock of the temple by using physical force, abused the complainant and his son in most filthy language.

The accused Nos.1 to 19 bet the complainant and necked out the son of the complainant from the temple premises. Based on the said complaint of 2020, which was registered on 10.12.2020 under Sections 447, 448, 323, and 504 of Indian Penal Code and  Section 156 (3) of Code of Criminal Procedure.

Submission of the Petitioner 

According to the complaint, the complainant also claimed to have instituted O.S.No.10 of 2016 in the Court of Principal Junior Civil Judge at Siddipet and he obtained a decree on 01.06.2016.

Submission of the Respondent 

Learned Assistant Government Pleader submits that police are investigating the crime and they are not involving in inter se civil disputes.

Observation of the Court 

The Court observed that there are inter se civil disputes on the subject property. It is for the parties to work out their remedies as available in law, regarding inter se civil disputes.

Order of the Court 

The Court decided that once a crime is reported, police are bound to investigate the crime and if the crime relates to landed property, they are also bound to conduct a physical inspection to ascertain facts and carry on the investigation. Therefore, per se, it can not be said that merely because police visit the land, they are involving in civil disputes. However, since petitioners express apprehension of the police involvement in civil disputes, the respondent Police are directed to confine themselves to the investigation into the crime reported and not to involve in inter se civil disputes.

Click here to read the judgment.


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