Police can investigate allegations even if they involve civil disputes, provided they follow due process and safeguards.

Heard Smt.Jyothieswar Gogineni, learned counsel for the petitioner, learned Additional Government Pleader representing the State and Sri Nanda Kishore Konduri, learned counsel for the unofficial respondent No.4.

2. This Court vide Interim Order dated 05.02.2018, stayed the proceedings in FIR No.607 of 2017 on the file of Nallapadu Police Station, Guntur Urban, Guntur District. Therefore, the police could not investigate in the truth of the allegations made in the report presented by the unofficial respondent No.4.

3. The contention of the petitioner is that the allegations made in the report relate to civil dispute and the Police cannot investigate into the same.

4. The question whether the present dispute pertains to civil dispute involves certain factual questions, which cannot be decided Article 226 of the Constitution of India . The truth or otherwise of the allegations will be decided, if police are permitted to investigate into the allegations. The investigation of the police could not cause any prejudice to either of the parties. The apprehension of the petitioner is that the police under the guise of the investigation may harass the petitioner. The alleged offence in the case is punishable under Sections 324, 354 & 506 IPC and Section 3(1)(r) of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 which are punishable with less than seven (07) years of imprisonment only. This Court in the case of Konidhana Ananda Sharma Vs State of Andhra Pradesh rep by its Public Prosecutor, [2017 LawSuit(Hyd) 305], holds that Section 41-A of Code of Criminal Procedure 1973, which is equivalent to Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita 2023, is applicable to the offence U/s.3(1)(x) of the SC’s & ST’s (POA)

Act, 1989 also.

5. In that view of the matter, this Court is of the considered opinion that the Writ Petition can be disposed of at the stage of admission without going into the merits of the case, directing the Police not to take any coercive steps against the petitioner, except under due process of law and also to follow Judgment of the Hon’ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar , [2017 (8) SCC 273] during the course of investigation, scrupulously.

6. Accordingly, this Writ Petition is disposed of. No order as to costs.