THE HON’BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON’BLE SRI JUSTICE J.SREENIVAS RAO WRIT APPEAL No.1116 of 2024

JUDGMENT

(Per the Hon’ble the Chief Justice Alok Aradhe)

Mr. Rapolu Bhaskar, learned counsel for the appellant.

Mr. Mahesh Raje, learned Government Pleader for Home Department for respondent Nos.1 to 5.

2. Heard on the question of admission.

3. This intra court appeal is filed against an order dated 09.09.2024 passed by the learned Single Judge in W.P.No.24811 of 2024, by which the writ petition preferred by the appellant has been disposed of with the liberty to avail the alternative remedy prescribed to the appellant under Section 200 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Cr.P.C.’).

4. Facts giving rise to filing of the appeal briefly stated are that the appellant claims to be the owner of subject property. The appellant had filed a complaint against respondent Nos.6 to 11. Respondent No.5 namely Station House Officer, Jadcherla Police Station, Mahbubnagar District after preliminary investigation held that the dispute between the parties is of civil in nature and a civil suit is pending between the parties. Thereupon, the appellant filed a writ petition. The learned Single Judge by an order dated 09.09.2024 held that the appellant has the remedy of filing a complaint under Section 200 of the Cr.P.C. Hence, this appeal.

5. Learned counsel for the appellant submits that the Station House Officer, Jadcherla Police Station, ought to have registered first information report and then should have conducted investigation.

6. Admittedly, it is not in dispute that the civil suit with regard to subject property is pending between the appellant and respondent Nos.6 to 11. On the basis of the preliminary enquiry, the Station House Officer, Jadcherla Police Station has found that the dispute between the parties is of civil in nature. Therefore, in the facts and circumstances of the case, the appropriate remedy for the appellant is to file a complaint under Section 200 of the Cr.P.C., if so advised. No ground to interfere with the order passed by the learned Single Judge is made out.

7. Accordingly, the Writ Appeal is disposed of with the liberty to the appellant to take recourse to such remedy as may be available to him in law.

Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.

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ALOK ARADHE, CJ _______________________________

J.SREENIVAS RAO, J Date: 24.09.2024 KL