Andhra Pradesh High Court - Amravati
Padala Anuradha vs The State Of Andhra Pradesh on 26 October, 2021
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.24233 of 2021
ORDER:-
This Writ Petition under Article 226 of the Constitution of India is filed seeking mandamus declaring the action of the 3rd respondent - Station House Officer of Satyanarayanapuram Police Station, Vijayawada City, in summoning the petitioners even though they are no way concerned with the offence in Crime No.605 of 2021 and harassing them as illegal and arbitrary and consequently sought direction to the 3rd respondent not to insist the petitioners to appear before him.
Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home.
The record reveals that a case in Crime No.605 of 2021 was initially registered in Satyanarayanapuram Police Station for the offences punishable under Sections 420 and 406 IPC and under Section 76 of the Chit Funds Act, 1982, on 03.10.2021 against one Padala Gopi alone. Now, the grievance of the writ petitioners is that they are no way concerned with the said offence registered in Crime No.605 of 2021 and that the 3rd respondent - Station House Officer of Satyanarayanapuram Police Station has been summoning them also to the Police Station and harassing them.
Learned Assistant Government Pleader for Home, on instructions, would submit that during the course of investigation as it has come to light that the petitioners herein have also committed the said offence and having regard to the complicity of 2 the petitioners in commission of the said offence that the petitioners are now shown as A-2 to A-4 in the said crime. So, he would submit that the 3rd respondent - Station House Officer of Satyanarayanapuram Police Station, who is the Investigating Officer in the said crime, has been making efforts to serve notice under Section 41A Cr.P.C against the petitioners and they are avoiding to take the said notice and they have filed this Writ Petition. Therefore, he would submit that the allegation that the petitioners are no way concerned with the said crime and that they are being unnecessarily called to the Police Station is absolutely false.
In that view of the matter, as the petitioners are now shown as A-2 to A-4 in the aforesaid crime in Crime No.605 of 2021 of Satyanarayanapuram Police Station, the law has to take its own course. So, no declaration as sought by the petitioners can be ordered in the facts and circumstances of the case.
Resultantly, the Writ Petition is dismissed. Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.
_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 26.10.2021 AKN 3 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No.24233 of 2021 Date: 26-10-2021 AKN