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V.V.S.RAO
J. Lakshmi @ Lakshmamma – Appellant
Versus
Commissioner of Police, Vijayawada – Respondent
Question 1? Question 2? Question 3?
Key Points: - Police cannot interfere in pending civil disputes between citizens; they should not coerce or compel parties except to register a cognizable crime under Section 154 CrPC (!) - If a civil dispute has the potential to affect public order, police may take up a case only after registering a crime under CrPC; otherwise they cannot interfere (!) - If cognizable offence is reported, it is the duty of the police to register the crime and investigate immediately; civil disputes are to be resolved by judiciary, not police (!) - Petitioners alleged police calling them to stations and pressuring them in aid of opposing party; court disposed of the writ petition with guidance to file representations for grievances against officials (!) (!) - Judgment references previous standards: police cannot interfere in civil disputes; need court order or criminal proceedings to justify police involvement (!)
( 1 ) FIRST petitioner is wife of second petitioner. It is her case that she purchased a house site in the auction conducted by court in E. P. No. 317 of 1966 in O. S. No. 4341 of 1965. Fourth respondent thereafter filed a suit which was dismissed. His first appeal and second appeal as well were dismissed. Thereafter, it is alleged that fourth respondent tried to interfere with possession and enjoyment of the house site compelling the petitioners to file O. S. No. 1049 of 1983 for permanent injunction. The suit was dismissed by judgment and decree dated 2-11-1988. The petitioners filed a Transfer a. S. No. 2260 of 2004 before this court, which was allowed and the suit was decreed as prayed for. The same has become final. It is alleged that respondents 4 and 5 filed c. C. No. 662 of 2001 on the file of the court of ii Metropolitan Magistrate, Vijayawada, under Sections 120-B, 323, 447, 506 read with 34 of Indian Penal Code (IPC) against petitioners, which is pending. In spite of the same, the Police regularly calling the petitioners to Police Station for enquiry and trying to force the petitioners to act in such a manner so as to help respondents 4 and 5. Therefore,
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