Andhra Pradesh High Court - Amravati
Avula Muniratnam vs The State Of Andhra Pradesh, on 24 December, 2019
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.19399 OF 2019
ORDER:
This writ petition is filed under Article 226 of the Constitution of India to issue Writ of Mandamus declaring the action of the 3rd Respondent in calling the petitioners to the Police Station in T.P.Gudur (L&O) PS, SPSR Nellore District from their residences and during pendency of C.C No. 273 of 2019 on the file of Special Judicial Magistrate of First Class for Prohibition & Excise, Nellore and pendency of C.C.No.406 of 2019 on the file of the Special Judicial Magistrate of First Class for Railways, Nellore, at the instance of 4th and 5th respondents as illegal, arbitrary and violative of Article 21 of the Constitution of India and contrary to the provisions of the Code of Criminal Procedure 1973 and consequently direct the 3rd Respondent not to interfere with the liberty of the petitioners.
Though the petitioners made several allegations, it is unnecessary to decide the truth or otherwise in the allegations, in view of the written instructions dated 05.12.2019 placed on record by the learned Government Pleader for Home, confirming that two crimes were registered and charge sheets were filed after completion of investigation and they are registered as C.C.No.273 of 2019 for the offences punishable under Sections 324, 323, 290, 506 r/w 34 I.P.C and C.C No.406 of 2019 for the offences punishable under Sections 147, 341, 323, 506, 509 r/w 149 I.P.C But, with a view to curb and curtail the unlawful activities within the vicinity of T.P. Gudur Police Station limits, where the petitioners are residing, after obtaining permission from Sub- Divisional Police Station, Nellore rural Division, Rowdy Sheet Nos.34, MSM,J 2 35 and 39 respectively were opened against the petitioners herein vide Proceedings 213/SDPO/Nellore Rural/2019 dated 12.06.2019 and the same are being continued and renewed from time to time at T.P. Gudur Police Station. It is submitted in the written instructions that, in view of pendency of rowdy sheets, to watch the movements of these petitioners, the petitioners are being called to the police station as part of watch on them, but not otherwise.
Therefore, as long as rowdy sheets are pending and renewed from time to time against these petitioners, the police are under obligation to watch the movements to curb the unlawful activities of these petitioners. Therefore, calling these petitioners to the police station, despite pendency of two calendar cases on the file of two different Courts is not an illegality and it is only in view of the rowdy sheets opened against these petitioners bearing Rowdy Sheet Nos.34, 35 and 39 to watch their movements and curb the illegal activities of these petitioners. Therefore, I find no ground to issue any direction as urged in the writ petition and consequently, the writ petition is liable to be dismissed.
In the result, writ petition is dismissed. No costs. However, the petitioners are at liberty to challenge Rowdy Sheet Nos.34, 35 and 39 opened against them before competent court.
Consequently, miscellaneous applications pending if any, shall stand closed.
__________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date:24.12.2019 sp