Andhra Pradesh High Court - Amravati
G.Sudharani Bobbala Sudharani vs The Station House Officer on 19 August, 2019
Author: G.Shyam Prasad
Bench: G.Shyam Prasad
1
HON'BLE SRI JUSTICE G.SHYAM PRASAD
WRIT PETITION No. 9940 of 2019
ORDER:
The matter is disposed of at the stage of admission, with the consent of both the counsel.
This writ petition is filed under Article 226 of the Constitution of India, seeking to issue a writ of Mandamus declaring the action of the 1st respondent in trying to interfere with the petitioner's life and liberty in crime No.283 of 2019 on the file of the 1st respondent registered for the offences punishable under Sections 354, 323, 506 r/w.34 IPC without following due process of law, as illegal and arbitrary.
The brief facts of the case are that the petitioner has been working as Anganwadi Teacher/worker for the last 18 years and her husband was working as LIC Agent at Kakani Village, Narasaraopet Mandal, Guntur District. One K.Sridevi lodged a complaint against the petitioner and her husband alleging that the petitioner and her husband caught hold of the defacto complaint and dragged her and behaved indecently, and beat her with legs, and threatened her with dire consequences, if she does not withdraw the report given to the police, registered as a criminal case, against the petitioner and two others. The petitioner has also filed Crl.P.No.4140 of 2019 seeking to quash the proceedings in Crime No.283 of 2019 of Narasaraopet Rural Police Station, before this court.
The apprehension of the petitioner is that the respondents are trying to arrest the petitioner without following due process of law contemplated under Section 41-A Cr.P.C. by following Arnesh Kumar v. State of Bihar1 Learned Government Pleader for Home appearing for respondents has denied the allegations made by the petitioner that the respondents are 1 . (2014) 8 SCC 273 2 trying to interfere with the life and personal liberty of the petitioner. He submits that the police are investigating the matter by following the procedure contemplated in law under Section 41-A Cr.P.C. They have examined some witnesses under Section 161 Cr.P.C. The petitioner has not co-operating with the investigation and has absconded from the date of commission of offence. Thereafter, he has come up with the present application and therefore, to cause obstruction to the investigation, the petitioner has filed the present application.
In view of the above submissions, ends of justice would be met if the respondents are directed to follow the procedure under Section 41-A Cr.P.C., during investigation as the offence is punishable less than seven years and the petitioner is directed to co-operate with investigation in the above said crime registered against him.
With the above directions, the writ petition is disposed of. No costs. Miscellaneous petitions if any pending, shall stand closed.
______________________ G.SHYAM PRASAD, J 19.08.2019 Note:
CC by two days B/o.Mjl/*