J LAKSHMI Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) First petitioner is wife of second petitioner. It is her case that she purchased a house site in the auction conducted by court in E.P.No. 317 of 1966 in O.S.No.4341 of 1965. Fourth respondent thereafter filed a suit which was dismissed. His first appeal and second appeal as well were dismissed. Thereafter, it is alleged that fourth respondent tried to interfere with possession and enjoyment of the house site compelling the petitioners to file O.S.No. 1049 of 1983 for permanent injunction. The suit was dismissed by judgment and decree dated 2-11-1988. The petitioners filed a Transfer A.S.No.2260 of 2004 before this court, which was allowed and the suit was decreed as prayed for. The same has become final. It is alleged that respondents 4 and 5 filed C.C.No.662 of 2001 on the file of the court of II Metropolitan Magistrate, Vijayawada, under Sections 120-B, 323, 447, 506 read with 34 of Indian Penal Code (IPC) against petitioners, which is pending. In spite of the same, the Police regularly calling the petitioners to Police Station for enquiry and trying to force the petitioners to act in such a manner so as to help respondents 4 and 5. Therefore, petitioners filed present Writ Petition.

(2.) I have heard the learned counsel for the petitioners, and the learned Assistant Government Pleader for Home.

(3.) A reading of the affidavit accompanying the Writ Petition would show that there has been civil litigation between petitioners and respondents 4 and 5 for the last at least two decades. If there is any complaint made by respondents 4 and 5 in C.C. No. 662 of 2001, it is for the criminal court to decide the matter. Police have no role in the same unless they are ordered to enquire into the matter under Section 156(3) of Code of Criminal Procedure, 1973 (Cr.P.C). The petitioners' possession in respect of the house site purchased by them in E.P. No. 317 of 1966 cannot be enforced either by respondents 4 and 5 or by respondents 1 to 3 unless and until there is a court order.