IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF APRIL, TWO THOUSAND TEN PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.3034 of 2010 Between: St. George’s Pastorate Committee Somajiguda, Hyderabad. … Petitioner And Circle Inspector of Police, Abids Police Station, Hyderabad & another. … Respondents Counsel for the petitioner: Sri Bankatlal Mandhani Counsel for the respondents: AGP for Home This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.3034 of 2010 ORDER:- This writ petition is filed for a Mandamus to declare the action of respondent No.1 in obtaining bind over letter from the President of the petitioner committee on 31.01.2010 and the undue interference of the respondents by entering into the church compound at the time of holding service prayers by the members of the petitioner’s committee as illegal and arbitrary. In the manner in which the writ petition is proposed to be disposed of, it is not necessary to refer to the facts in detail. However, it will suffice to note that there is a dispute between the petitioner committee and the proposed party, who filed an implead application, over the management of the church in question. Civil cases in that regard are stated to be pending. The petitioner committee alleged that the respondents in collusion with their adversaries have been causing undue interference in the church prayers apart from obtaining binding over letter on 31.01.2010 from their President. The learned Assistant Government Pleader for Home, on written instructions, submitted that both the quarreling groups have approached the Abids police station and lodged complaints, that the petitioner filed a private complaint in the Court of the II Additional Chief Metropolitan Magistrate, Hyderabad, which was referred by the learned Magistrate on which Crime No.35 of 2010 was registered for the offences under Sections 296, 447, 323 and 321 IPC on 25.012010 and the same is being investigated into and that investigation is still pending. She further stated that one Rev.K.Zaccheaus approached the police and lodged a complaint on 30.01.2010 against the petitioner stating that the President of the petitioner committee (for short, “the President”) came to the church and threatened him with dire consequences and obstructed him from conducting worship in the church, that after obtaining permission from the II Additional Chief Metropolitan Magistrate on 03.02.2010, Crime No.43 of 2010 for the offence under Section 506 IPC was registered and being investigated into and that in connection with the said case, the President was arrested on 28.02.2010 and released on bail. She further stated that after completion of the investigation, charge sheet was filed in C.C.No.340 of 2010. She also stated that on the basis of the complaint given by Ms. K.Esther Kezia daughter of K.Vijay Rao, Member of St. George Church, Abids that while she was attending the church, her brother Rev.Zaccheaus was pulled down on the floor and when she tried to go to his rescue, the President, his son Victor David and others beat her with sticks and that on the basis of the said complaint Crime No.73 of 2010 was registered under Sections 341 and 324 read with 34 IPC and the President and another person by name Keneth D.Souza were arrested on 07.03.2010 and remanded to judicial custody. A charge sheet was also filed. It is further stated that the President approached the police with the complaint that the employees broke open the locks of the church and committed theft of the amounts offered from almirah and that the said complaint was registered as Crime No.81 of 2010 under Sections 447 and 379 IPC and the same is being investigated into. The learned Assistant Government Pleader stated that except registration of the above crimes, the respondents have never interfered with the activities of the church and obtained the letter of binding over from the President. Having regard to the abovementioned stand taken by the respondents through the instructions submitted by the learned Assistant Government Pleader, it is not necessary for this Court to give specific directions to the respondents except to the extent that in the guise of pending of criminal cases, the respondents should not interfere with the lawful activities of the petitioner committee. The respondents also should not interfere with the life and personal liberty of the members of the petitioner committee except otherwise than in accordance with law in connection with the investigation into the pending criminal cases. The specific stand of the respondents, reported through the learned Assistant Government Pleader, referred to above, that they are not interfering with the service prayers in the church is placed on record. If in future the respondents interfere with the church activities except in accordance with law, the members of the petitioner committee are given liberty to approach the Commissioner of Police. In such an event, the Commissioner shall entertain the same and take appropriate action according to law. Subject to the above direction, the writ petition is disposed of. As a sequel to disposal of the writ petition, WPMP.Nos.3979 and 7212 of 2010 are disposed of as infructuous. _____________________________ C.V. NAGARJUNA REDDY, J Date: 06.04.2010 ES Note:- Issue CC in one week. B/o. ES.