IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 11894 of 2008 Between: Dadi Mallaiah S/.o.Odelu R/o.Ramakrishna colony, Thimmapur Mandal Karimnagar District ..... PETITIONER AND 1 The Superintendent of Police, Karimnagar Karimnagar District 2 The Station House Officer, L.M.D.Police station Karimnagar 3 Dammari @ Dammanollu Narsaiah S/o. Ramulu C/o.Damari Durgaiah, Ramakrishna colony Thimmapur Mandal, Karimnagar District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or a direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent in summoning the petitioner to the police station and threatening to compromise the civil dispute matters with non-official respondent and threatening him with dire consequences as being illegal, arbitrary, and unreasonable and violative of Article 21 of the Constitution of India and issue a consequential direction directing the 2nd respondent not to summon the petitioner to the police station and harass him. Counsel for the Petitioner:MR.D.BHASKAR REDDY Counsel for the Respondents: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.11894 of 2008 ORDER: Petitioner states that when his adjacent land owner, the 3rd respondent, tried to interfere with his landed property, he filed O.S.No.346 of 2007 on the file of the Principal Senior Civil Judge, Karimnagar, for perpetual injunction, and pending disposal of the said suit, I.A.No.1731 of 2007, filed for temporary injunction, was allowed, which was subsequently made absolute. Thereafter, when the 3rd respondent tried to interfere with his peaceful possession, he filed I.A.No.849 of 2008 seeking to provide police protection from the 2nd respondent and the same was allowed directing the 2nd respondent to provide police protection. It is his case that the 2nd respondent, under the influence of 3rd respondent, got a false complaint lodged against him by the brother of the 3rd respondent, which was registered as a case in Crime No.67 of 2008 for the offences punishable under Sections 447, 427 & 506 of IPC. The grievance of the petitioner is that the 2nd respondent, without any authority, is summoning him and making him to sit in the police station for hours together and threatening him to enter into compromise in respect of the civil disputes between him and the 3rd respondent. Hence, this writ petition. The 2nd respondent filed a detailed counter affidavit, whereunder, while denying the material allegations made by the petitioner, he admitted the registration of Crime No.67 of 2008 against the petitioner, on the complaint made by the brother of the 3rd respondent, filing of the charge sheet therein before the learned Additional Judicial Magistrate of First Class, Karimnagar, and arresting and remanding him to judicial custody. He further stated that he never interfered in the civil disputes between the petitioner and the 3rd respondent and that he neither called the petitioner to the police station nor made him to wait for hours together either on 06.06.2008 or on any other date. In the circumstances, I deem it appropriate to direct the 1st and 2nd respondents not to interfere in the civil disputes between the petitioner and the 3rd respondent and not to harass the petitioner without following due process of law. The writ petition is, accordingly, disposed of. No order as to costs. However, this order does not preclude the official respondents in proceeding with Crime No.67 of 2008 registered against the petitioner for the offences punishable under Sections 447, 427 and 506 IPC. ______________ C.V.RAMULU, J 25th November, 2008 v v