Allegations of criminal offences cannot be dismissed as civil disputes; police are required to investigate based on the complaints presented.

ORDER :

HARINATH.N, J.

1. The petitioner is arraigned as accused No.2 and is seeking quash of Crime No.217 of 2024 on the file of Arundalpet Police Station, Guntur District registered for alleged offences under Sections 109 , 120-B, 323, 324, 341, 406, 427, 447 of IPC.

2. Sri Y.V. Ravi Prasad, learned senior counsel appearing on behalf of the petitioner, submits that the petitioner was falsely implicated in a case that is purely civil in nature and has been conveniently converted into a criminal case. It is submitted that a private complaint was filed, and the complaint was referred to the police for investigation. The learned Magistrate, vide order dated 12.07.2024, directed the complaint to be registered at the Station House Officer, Arundalpet Police Station, and to report to the Court after investigation.

3. It is submitted that the private complaint could not have been considered for referral to the police, as the 2^nd respondent did not file the sworn affidavit as is mandatory.

4. It is also submitted that OS.No.598 of 2021 is filed by the 2^nd respondent against the accused No.1 represented by the petitioner herein as defendant No.1 in the suit, apart from two other defendants. It is submitted that similar averments are made in the plaint and the complaint insofar as the allegation relating to the alleged interjecting and obstruction to the passage towards the eastern side of the 2^nd respondent's property is concerned. The alleged obstruction and interjection of the passage is the subject of the civil suit, where a prayer for the grant of a permanent injunction restraining the defendants therein from interfering with the peaceful possession and enjoyment of the passage is prayed for.

5. It is submitted that, in the criminal complaint the 2^nd respondent has alleged that the petitioner has committed various offences, a complaint was filed initially on 09.08.2021 and again on 21.12.2021 and that the police did not act on the complaints, as such, complaint dated 30.04.2022 was sent to the DGP, DIG and SP of police through registered post. It is alleged that the petitioner, along with others, created a galata on 28.02.2023 and caused damage to the property, and also threatened to withdraw OS.No.598 of 2021. It is alleged that, aggrieved by the inaction of the police, a private complaint was filed.

6. The learned senior counsel submits that on the facts of the case even if the allegations in the complaint are to be taken as true, the dispute relates to the right of pathway and the right of the pathway is a matter of civil dispute and the appropriate remedy for redressing any of those grievances would have to be essentially a civil Court. It is also submitted that a false criminal complaint is filed solely to exert pressure on the petitioner.

7. It is submitted that the complaint is motivated and filed solely to harass the petitioner. The learned senior counsel places reliance on The Hon'ble Supreme Court had held that applications under Section 156(3) Cr.P.C. are to be supported by an affidavit duly sworn by the applicant. The affidavit would make the applicant more responsible. Ramdev Food Products Private Limited Vs. State of Gujarat , [(2015) 6 SCC 439] . The Hon'ble Supreme Court held that a direction under Section 156(3) of Cr.P.C. is to be issued only after the learned Magistrate has applied their mind. Usha Chakraborty and another Vs. State of West Bengal and another , (2023) 15 SCC 135 . The Hon'ble Supreme Court held that when a dispute is essentially civil in nature and is