P. ARUNA Vs. B. MADHAVA REDDY

JUDGEMENT

(1.) Heard Sri V.R. Reddy Kovvuri, learned counsel appearing for the appellants and Sri M. Chalapathi Rao, learned counsel appearing for respondents 1 to 4.

(2.) W.P.No.44446 of 2018 came to be filed before the erstwhile High Court of Judicature at Hyderabad for the State of Telangana and for the State of Andhra Pradesh, by six persons. The contents of the writ petition were that there were disputes over the property belonging to the family of the petitioners and the 4th respondent in the writ petition. The petitioners contended that the 3rd respondent-Tahsildar had adjudicated the issue and decided to make certain entries in the revenue records to benefit the 4th respondent and the same requires to be set aside. This writ petition came to be disposed of on 4/6/2019 by a learned Single Judge of this Court after recording the submission of the learned counsel for the 4th respondent that an appeal has already been filed before the Revenue Divisional Officer, under Sec. 5(5) of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 against the order challenged in the writ petition. The learned Single Judge, after recording this submission had disposed of the writ petition with a direction to the Revenue Divisional Officer to pass appropriate orders, in the representation made by the petitioners, apprehending that the respondent No.4 might create third party rights pending the appeal.

(3.) After the disposal of this writ petition, the appellants herein, who were arrayed as petitioners 5 and 6 in the writ petition, had filed a complaint before the III Town Police Station, Kurnool, that their signatures on the vakakalath and affidavit in W.P.No.44446 of 2018 had been forged and that they had not signed any suchvakalat or affidavit. This complaint was registered in Crime No.136 of 2019. In the course of investigation of this Crime, the Inspector of Police, III Town Police Station, sought production of the vakalath and affidavit, by exercising the power under Sec. 91 Cr.P.C., from this Court. The requisition was numbered as I.A.No.1 of 2021. A learned Single Judge of this Court, by order dtd. 19/4/2022, following the judgment of the Hon'ble High Court of Rajasthan (Jaipur Bench) in S.N. Kapoor Exports vs. Saraswati Exports,2008 Law Suit (Raj) 856 = 2008 Crl. R 530. had held that the Inspector of Police could not have requisitioned the said documents, from this Court, under Sec. 91 Cr.P.C.