The court held that the filing of a final report citing lack of evidence under Section 173 CrPC redresses the grievance of an arbitrary FIR, and police cannot interfere with property possession except through due process of law under Articles 14 and 21 of the Constitution.

ORDER:

This Writ Petition is filed with the following relief:

“…to issue an order or direction or writ, more appropriately a WRIT OF MANDAMUS to declare the impugned F I. R. No. 08/2015, dated. 02-02-2015 of the 5th Respondent, which was forwarded to II Additional Junior Civil Judge Court, Mancherial as illegal and set aside the same to the extent of the Petitioners only and further direct the Respondents herein not to interfere with the peaceful possession and enjoyment of Petitioners in their land including their constructed houses in Sy. No. 176/1(extent Ac. 0-23 guntas) of Mulkala Village, Mancherial Mandal, Adilabad District without following due process of Law…”

2. Heard learned counsel for the petitioners, Mr.D.Pradeep, learned Assistant Government Pleader for Home and Mr.M.Anand Reddy, learned Assistant Government Pleader for Assignments Department.

3. Learned counsel appearing for the petitioners submits that the present writ petition has been instituted challenging the registration of a crime in FIR No. 08 of 2015, dated 02.02.2015, at the instance of the Tahsildar, Mancherial. The petitioners seek appropriate directions from this Court, including a direction to the respondents not to interfere with the possession of the constructed houses in Sy.No. 176/1 (extent Ac. 0-23 guntas) of Mulkala Village, Mancherial Mandal, Adilabad District houses.

4. Learned Assistant Government Pleader for Home, upon instructions, submits that subsequent to the registration of the aforesaid FIR, the respondent police conducted a thorough investigation and a final report under Section 173 CrPC was filed before the Court of the I Additional Judicial Magistrate of First Class, Mancherial, on 20.09.2015, classifying the case as one of “lack of evidence.” It is, therefore, contended that no subsisting cause of action survives for adjudication in the present writ petition, and the same is liable to be dismissed.

5. I have carefully perused the material available on record and considered the submissions advanced by both sides.

6. The principal grievance of the petitioners is that the registration of the FIR by the respondent police was arbitrary, lacking any lawful basis, and violative of their rights. They further seek a direction restraining the respondent authorities from interfering with their peaceful possession and enjoyment of the property in question.

7. At this juncture, it is pertinent to note that, once an investigation culminates in the filing of a final report under Section 173 CrPC, particularly one indicating lack of evidence, the grievance regarding the registration of the FIR stands substantially redressed.

8. It is equally well settled that police authorities are bound by statutory limitations and constitutional safeguards, particularly under Articles 14 and 21 of the Constitution of India, and cannot interfere with the possession or property rights of individuals except in accordance with due process of law.

9. Accordingly, while no further adjudication is required on the challenge to the FIR, this Court deems it appropriate to direct that the respondent police shall not interfere with the petitioners’ possession of the subject property except in strict accordance with law and upon following due process.

10. With the above observations and directions, the writ petition is disposed of. There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.