HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.23125 OF 2024 ORDER : (ORAL)

This writ petition is filed by the petitioner seeking to declare the action of respondents No.2 and 3 in not providing Police protection to her pursuant to her representations/complaints dated 10.08.2024 and 16.08.2024, as being illegal, arbitrary and unconstitutional.

2. Heard Mr. V. Raghunath, learned Senior Counsel, appearing for Mr. K. Ajith Reddy, learned counsel for the petitioner, and Mr. B. Sridhar, learned Assistant Government Pleader for Home, and perused the material on record.

3. Learned Senior Counsel submitted that the petitioner is a victim of atrocity under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘Act, 1989’). The petitioner submitted representation dated 16.08.2024 to respondent No.2 - the Commissioner of Police, Cyberabad requesting to grant protection to her and to her family members in respect of the agricultural land admeasuring Acs.2-00 guntas in Survey No.50/69 and the land admeasuring Acs.2-00 guntas in Survey No.50/85, totally admeasuring Acs.4-00 guntas, situated at Madanpalli Village, Shamshabad Mandal, Ranga Reddy District (for short ‘subject property’).

4. Learned Assistant Government Pleader for Home, basing on the written instructions dated 23.08.2024, submitted that on the complaint lodged by the petitioner dated 16.08.2024, an entry was made in the General Diary. During the course of the enquiry, it was revealed that a suit in O.S. No.225 of 2023 is pending between the petitioner and the persons named in the said complaint on the file of the learned Additional District Judge, Ranga Reddy wherein interim order dated 28.04.2024 was passed in I.A. No.341 of 2023 against the petitioner herein. The enquiry further revealed that one Mr. D. Praveen Kumar filed W.P. No.4392 of 2024, Ms. D. Anusha filed W.P. No.4405 of 2024 before this Court in respect of the subject property and interim orders were granted on 19.02.2024 directing the Tahasildar, Shamshabad Mandal, and the Station House Officer, Shamshabad Police Station not to interfere in the civil disputes in respect of the subject property. Further, one Mr. Tirumalareddy Velangini Bala Showri Reddy and Ms. Katakam Aishwarya Lily filed W.P. No.4873 of 2024 and one Ms. Madhavi filed W.P. No.4874 of 2024 before this Court in respect of the same subject property before this Court and interim orders were passed on 22.02.2024. It is submitted that on the previous complaint lodged by the petitioner, a case in Crime No.221 of 2023 was registered with Shamshabad Police Station on 25.04.2023 for the offences punishable under Sections 447 and 427 read with Section 34 of the Indian Penal Code (IPC) against one Mr. A.V. Chaitanya Kiran and others; investigation revealed that there is a civil dispute pending.

vide After obtaining permission No.422/Case-Close;ACP-SHBAD/ CYB/2024 dated 30.06.2024 from the Assistant Commissioner of Police (ACP), Shamshabad Division, the said complaint was closed as ‘civil in nature’.

5. It is submitted that the petitioner was involved as Accused in Crime No.397 of 2023 registered with Shamshabad Police Station for the offences punishable under Sections 427, 451-II and 506 read with Section 34 IPC. During the course of the enquiry it was revealed that the dispute pertains to land, as such, after obtaining permission vide No.398/Case-Close; ACP-SHBAD/CYB/ 2024 dated 30.06.2024 from the ACP, the said case was closed as ‘civil in nature’ on 18.08.2024 and the petitioner was suggested to get a Police aid order from the concerned Court.

6. Learned Senior Counsel, by referring to Rule 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (for short ‘Rules, 1995’), submitted that the Police are bound to give protection to a person of the Scheduled Castes and Scheduled Tribes as and when representation is submitted in that regard. According to the learned Assistant Government Plea