AP HIGH COURT HELD THAT
Police inaction — Alleged trespass into property — Dispute found civil in nature (Paras 3–4)
Issue: Whether police were bound to take criminal action on petitioner’s complaints alleging trespass into house plot.
Facts: Petitioner, a physically differently-abled person, complained that certain persons trespassed into his house plot at Panchalingala Village during night hours, erected stones and attempted further construction; representations dated 31.03.2026, 06.04.2026 and 13.04.2026 were submitted to police and district authorities. Police conducted preliminary enquiry and opined that dispute was civil in nature and petitioner had not approached competent civil Court.
Held: In view of preliminary enquiry indicating existence of civil dispute relating to property possession, police did not proceed with criminal action. (Paras 3–4)
Criminal procedure — Police inaction on complaint — Remedy of private complaint before Magistrate (Paras 5–7)
Issue: Remedy available when police fail to act on complaint.
Facts: Petitioner sought writ direction compelling police authorities to act upon his complaints regarding alleged trespass.
Held: When police do not act on complaint, complainant has efficacious alternative remedy of filing private complaint before jurisdictional Magistrate under Section 190 r/w 200 Cr.P.C./Section 210 r/w 223 BNSS; petitioner was granted liberty accordingly. (Paras 5–7)
Jurisdictional Magistrate — Duty upon presentation of private complaint (Para 7)
Issue: Obligation of Magistrate upon receipt of private complaint.
Facts: High Court granted liberty to petitioner to institute private complaint before jurisdictional Magistrate regarding alleged trespass and illegal construction.
Held: Upon filing of private complaint, jurisdictional Magistrate shall bestow attention to complaint and deal with same strictly in accordance with law. (Para 7)
