ALI BIN YAHIYA Vs. STATE OF TELANGANA
LAWS(APH)-2019-3-79
HIGH COURT OF ANDHRA PRADESH
Decided on March 14,2019

Ali Bin Yahiya Appellant
VERSUS
State of Telangana Respondents

JUDGEMENT

P. Naveen Rao, J. - (1.)Heard learned counsel for petitioner and learned Government Pleader for Home.
(2.)Petitioner is tenant of 5th respondent and running a jewellery shop under the name and style "Omer Jewellers". When 5th respondent tried to illegally evict him, he filed O S No. 1906 of 2018 on the file of XXII Junior Civil Judge, City Civil Court, Hyderabad wherein status quo order was passed on 10.9.2018 and the suit is pending. While so, on 12.10.2018 when petitioner came to his shop at about 11.30 a.m he noticed that locks put by him were broken and new locks were put in their place. On enquiries he came to know that 5th respondent along with his men opened the shop on the intervening night of 11/12-10.2018. When he approached 5th respondent he stated that there was nothing in the shop and came along with petitioner and opened the shop, to his surprise there was nothing in the shop. Petitioner alleges that when he closed the shop on 11.10.2018, there was 28 tolas of gold, 3 Kgs of silver ornaments and cash of .35,000/- apart from furniture and fixtures. Petitioner alleges that respondent police officials were reluctant to register the crime and on his persuasion with senior police officials, FIR 429 of 2018 dated 1.11.2018 was registered against 5th respondent under Sections 457 and 380 of IPC leaving the other offenders who accompanied 5th respondent. Petitioner alleges that except registration of crime no investigation is conducted in the matter as such he seeks to transfer the case to Central Crime Station or any other investigating agency. Hence the writ petition.
(3.)The Sub Inspector of Police, Golkonda Police Station furnished written instructions dated 19.11.2018.
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