LAWS(TLNG)-2021-2-110

REDDYGARI SRINIVAS REDDY Vs. STATE OF TELANGANA

Decided On February 02, 2021
Reddygari Srinivas Reddy Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) This Writ Petition is filed under Article - 226 of the Constitution of India to declare the proceedings in Crime No.99 of 2020 pending on the file of Dhanwada Police Station, Narayanapet District for the offence under Section - 110 (e) of the Code of Criminal Procedure, 1973 (for short 'Code ') as illegal and to set aside the same.

(2.) Heard Mr. Katika Ravinder Reddy, learned counsel for the petitioners and the learned Government Pleader for Home & Law. Perused the record.

(3.) Respondent No.3 - Station House Officer, Dhanwada Police Station, Narayanapet District, has registered a case in Crime No.99 of 2020 for the offence under Section - 110 (e) of the Code against the petitioners herein. In the FIR, it is mentioned that the petitioners herein are having disputes with their relative, Mr. Nagi Reddy S/o Basireddy, in respect of agricultural land situated at Gotur, shivar of Dhanwada. In the said connection, respondent No.3 has received six petitions, out of which, he has registered two crimes on two petitions, one was refused as petty case and other three petitions were closed stating that they are 'civil in nature '. Instead of solving civil disputes, the petitioners are creating nuisance and causing inconvenience to the local regular habitants. Thus, there is law and order problem affecting the public tranquility. It is also mentioned in the FIR that respondent No.3 has apprehended the petitioners on 03.12.2020 and informed about their arrest, produced them before respondent No.6 to bind over them to keep good behaviour for a period of six (06) months and registered a case suo-moto in Crime No.99 of 2020 for the offence under Section - 110 (e) of the Code. It is further mentioned that respondent No.3 has examined all the witnesses in detail and recorded their statements in Part-II CD and, therefore, arrested them. Therefore, it is quite necessary to summon both groups and bind over them to ensure public peace and tranquility in the village. With the said contentions, respondent No.3 has requested respondent No.6 - Tahsildar, Dhanwada Mandal, to issue summons to the petitioners, bind over them and initiate action under Section - 110 (e) of the Code by obtaining interim bonds for keeping good behaviour and maintaining peace and tranquility.