THE HONOURABLE MRS. JUSTICE T. MEENA KUMARI AND THE HON’BLE MR. JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL No. 57 of 2009 ORAL ORDER: (Per C.V. Nagarjuna Reddy, J) Assailing the order dated 17.12.2008 in Writ Petition No.24794 of 2008, appellants herein, who are respondent Nos. 5 and 6 in the writ petition filed the present Writ Appeal. Heard Sri P. Sreeramulu Naidu, the learned counsel for the appellants, Smt. K. Parameswari appearing for Sri S.I. Varahagiri for respondent No.1 and the learned Asst. Govt. Pleader for Respondent Nos. 2 to 4 and perused record. Respondent No.1 claiming that he purchased an extent of 300 sq. yards forming part of Door No. 8-3-200, of Bharath Nagar, Hyderabad and was put in possession by his vendor, filed the writ petition with the grievance that though he made a complaint to the police against the appellants for their alleged intereferfence with his possession of the property, the former have not taken any action. The Writ Petition was disposed of by the learned Judge with a direction to respondent Nos. 2 to 5 to look into the complaint purported to have been made by respondent No.1 and take appropriate action as per law within a period of four weeks from the date of the receipt of the order. Feeling by the said order, respondent Nos. 5 and 6 filed the present appeal. The learned counsel for the appellants submitted that the observations made by the learned Judge in the order are being used against the appellants by the police in order to frame them up in a criminal case. On the previous occasion, the learned Asst. Government Pleader took adjournment to get instructions on the action taken by the respondent Nos. 2 to 5 in pursuance of the directions given by this Court in the writ petition. Today she submitted that on 15.11.2008 criminal case has been registered against the appellants as F.I.R.No. 1146 of 2008. A perusal of the proceedings sheet in the writ petition shows that on 12.11.2008 the writ petition came up before the learned Judge and the learned Govt. Pleader for Home took notice for getting instructions. The case was adjourned to 19.11.2008. During this interregnum, criminal case has been registered. In our considered view the learned Judge ougt not to have given a direction as was done while disposing of the writ petition having regard to the fact that a criminal case has already registered by the time the writ petition was disposed of. It is needless to observe that where the complaint is purely of civil nature, the police should not interfere in such complaints and instead, they should relegate parties to avail their remedies under the civil law. The learned counsel for the appellants submits that respondent No.1 abused the process of the Court by filing a writ petition with false plea of appellants interfering with his possession by giving the civil dispute the colour of a criminal offence. He laminated that but for filing of writ petition, the police would not have registered the crime. While we, understand the grievance of the appellants, in view of the fact that the police have already registered a crime, it is not possible for this Court to undo what is already done even before the writ petition was disposed of. However, we would like to add that on the mere pretext of institution of a criminal case, the police should not harass the appellants without properly investigating into the nature of the complaint filed by the respondent No.1. Respondent Nos. 2 to 5 are therefore directed to thoroughly investigate into the nature of the complaint filed by the respondent No.1 after giving notice to the appellants and respondent No.1 and if it is found that the dispute is purely of civil nature, the police cannot persist with the criminal case. If, on the other hand, the police are satisfied that the act complained of satisfies the ingredients of an offence, then only they can proceed with filing of charge sheet. Subject to the above observations, the writ appeal is disposed of. _______________________ T. MEENA KUMARI, J _______________________________ C.V. NAGARJUNA REDDY, J 3.2.2009 CHV