IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 22732 of 2008 Between: C.N. Ravindran S/o. P.K. Nanu R/o. H.No.6-9, Bhavanipuram Colony, Ameenpur Village, Patancheru Mandal, Medak District. ..... PETITIONER AND 1 The Commissioner of Police, Cyberabad Commissionarate, Cyberabad, Hyderabad. 2 The Staton House Officer, Chandanagar Police Station, Sherlingampally, Ranga Reddy District. 3 Bandjala S.S.V. Prasad Goud S/o. Bikshapathy Goud R/o. H.No.43-253-1/A, N.R.Pet, Kurnool District, A.P. but now at H.No.25/29/18/19, Sri Sai Nagar, Mayur Nagar, Ramchandrapuram, Medak District. 4 K. Jayapal Reddy S/o. K. Ramachandra Reddy R/o. H.No.6-79/1, Tellapur Village, Ramachandrapuram Mandal, Medak District. 5 Satya Reddy S/o. Not Known C/o. Srinivas Finance, D.No.23-33-7, Jyothi Nagar, II Road, Ramalayam Street, Ramachandrapuram, Medak District. 6 Yadagiri S/o. Not Known C/o. Srinivas Finance, D.No.23-33-7, Jyothi Nagar, II Road, Ramalayam Street, Ramachandrapuram, Medak 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 will be pleased to to issue a writ, order or direction more particularly a Writ in the nature of Writ of Mandamus declaring the action of the 2nd respondent in interfering in civil dispute and harassing the petitioner by calling to the Police Station every day and forcing the petitioner to sign on the blank papers to enable the respondents 3 to 6 to use the same for the purpose of making false claims on the petitioner's property as illegal, arbitrary, unconstitutional and violative of Article 21 of the Constitution of India and consequently direct the 2nd respondent not to interfere in the civil dispute byrendering assistance to the respondents 3 to 6 and their henchmen in forcibly taking petitioner's house property bearing No.6-9, in Plot No.29, situated at Bhavanipuram Colony, Ameenpur Village, Patancheru Mandal, Medak District, and award compensation for causing mental agony and pass Counsel for the Petitioner:MR.C.V.BHASKAR REDDY Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE C.V.RAMULU W.P.No.22732 of 2008 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the second respondent in interfering in civil dispute and harassing the petitioner by calling him to the Police Station every day and forcing the petitioner to sign on the blank papers to enable the respondents 3 to 6 to use the same for the purpose of making false claims on the petitioner's property as arbitrary, illegal and violative of Article 21 of the Constitution of India and consequently direct the second respondent not to interfere in the civil dispute by rendering assistance to the respondents 3 to 6 and their henchmen in forcibly taking petitioner's house property bearing No.6-9, in Plot No.29, situated at Bhavanipuram Colony, Ameenpur Village, Patancheru Mandal, Medak District. It is the case of the petitioner that he is the absolute owner and possessor of House bearing No.6-9 in Plot No.29 admeasuring 138 sq.yards in Sy.Nos.639/E, 640/AA and 641/AA situated at Bhavanipuram colony, Ameenpur village, Patancheru mandal, Medak district having purchased the same under registered sale deed dated 25.8.1987 bearing Doc.No.7157 of 1987. While that being so, the respondents 3 to 6 tried to take forcible possession of his property at the connivance of second respondent, therefore he approached the Police at Ramachandrapuram for taking action against them, but the Police refused to register the complaint, hence petitioner filed a private complaint before the learned Additional Judicial Magistrate of First Class, Sangareddy on 6.10.2008, which was referred to the Police under Section 156(3) of Criminal Procedure Code for registration of crime and for investigation. After coming to know about the same, second respondent who is not having any jurisdiction or authority, at the instance of respondents 3 to 6, called the petitioner to Police Station and threatened him to sign on certain documents. Hence the writ petition. A detailed counter affidavit has been filed by second respondent denying the allegations made by petitioner stating that the fifth respondent filed a private complaint before the Court of IX Metropolitan Magistrate, Cyberabad at Kukatpally against the petitioner stating that on 23.9.2008 petitioner approached the fifth respondent along with antisocial elements and forcibly entered into his office and threatened him and damaged the furniture and abused him in filthy language and cheated him by entering into a false Memorandum of Understanding. The said complaint was forwarded to the second respondent Police Station for investigation and upon receipt of the same, a case in Crime No.337 of 2008 under Sections 420, 447, 406, 323, 506(2) of Indian Penal Code was registered on 23.9.2008 against the petitioner. It is further stated that the petitioner has not been called to the Police Station without there being any valid reasons. The learned counsel for petitioner raised an important point as to jurisdiction of the matter. According to him, since the property is situated at Bhavanipuram colony, Ameenpur village, Patancheru mandal, Medak district, the Chandanagar Police Station, wherein the crime was registered against the petitioner, does not have jurisdiction to entertain the complaint. In view of the above, the first respondent is directed to decide as to the nature and place of crime as per the complaint, and the Police Station which has got the jurisdiction to enquire into the matter, within a period of three weeks from the date of receipt of a copy of this order and accordingly, direct the concerned to investigate into the matter, as per law. The writ petition is accordingly disposed of. No order as to costs. ____________ C.V.RAMULU, J Date: 18.11.2008 DA THE HON'BLE MR JUSTICE C.V.RAMULU W.P.No.22732 of 2008 18.11.2008