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Andhra Pradesh High Court
Judges : M.H.S.ANSARI
B.Lakshmi Kanthamma - Appellant
Versus
Superintendent of Police, Chittoor - Respondent
Decided On : 08-05-96
Police Interference - Civil Dispute - The court directed the police authorities not to interfere in civil disputes pending adjudication before the courts of law and not to summon the petitioner to the police station unless a criminal case is registered or the petitioner is required in connection with a registered crime.
Fact of the Case:
The petitioner filed a writ petition seeking relief against interference by police authorities in a civil dispute pending before the District Munsif Court. The petitioner claimed to be the owner of the property in question and had filed a suit for permanent injunction, which was dismissed for default. The petitioner filed for restoration of the suit and alleged interference by the police authorities in the ongoing dispute.
Finding of the Court:
The court found that the police authorities cannot resolve civil disputes pending adjudication before the courts of law and directed them not to interfere or summon the petitioner to the police station unless a criminal case is registered or the petitioner is required in connection with a registered crime.
Issues: Interference by police authorities in civil disputes pending before the courts of law.
Ratio Decidendi: Police authorities cannot resolve civil disputes pending adjudication before the courts of law and should not interfere unless a criminal case is registered or the petitioner is required in connection with a registered crime.
Final Decision: The writ petition was disposed of at the admission stage with the directions for the police authorities not to interfere in the civil dispute and not to summon the petitioner to the police station unless certain conditions are met.
( 2 ) THE controversy in the above Writ Petition lie in a narrow compass and, accordingly, I am of the view that this petition can be disposed of at the stage of admission after having heard the learned counsel for the petitioner and the learned Government Pleader for respondents.
( 3 ) THE petitioner is the plaintiff in the suit O. S. No. 352 of 1990 on the file of the Court of the District Munsif, Madanapalle which was filed tor permanent injunction restraining respondent Nos. 4 and 5 herein from interfering with the possession of the petitioner in respect of the suit schedule property. The petitioner-Plaintiff claims to be the owner of the said property. The said suit however was dismissed for default and the petitioner thereupon filed an I. A, no. 606 of 1996 for restoration of the suit and the Court has posted the same to 31-7-1996. The grievance of the petitioner is that while the matters are pending before the Civil Court, the respondent-Police authorities 2 and 3 viz. , Circle inspector and Sub-Inspector of Police, Madanapalle have intefrerred in the said dispute and that the petitioner is being called to the Police Station. This Writ petition is, therefore, filed seeking the reliefs as prayed for against the interference by the said respondent - Police authorities.
( 4 ) IT is needless to reiterate mat the police authorities cannot resolve the dispute of a civil nature and specially those disputes which are subject matter of proceedings pending adjudication before Courts of law. Accordingly, respondents 2 and 3 are directed not interfere or try to resolve the disputes which are the subject matters of suit O. S. No. 352 of 1990 on the file of the District munsif, Madanapalle, the petitioner shall not be summoned to police station unless a Criminal Case is registered against the petitioner or the petitioner is required in connection with any Crime which is registered with the concerned police Station.
( 5 ) WITH the directions as above, the Writ Petition is disposed of at the admission Stage.
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