Andhra Pradesh High Court - Amravati
Peddapalli Shekar vs The State Of Andhra Pradesh on 21 June, 2022
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.15817 of 2022
ORDER:-
This Writ Petition is filed for a mandamus declaring the action of the 4th respondent - Station House Officer, Rayachoti (Urban) Police Station in calling the petitioners to the Police Station without there being any crime registered against them as illegal and unconstitutional and consequently sought direction to the respondents not to call the petitioners to the Police Station without registration of crime.
2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home appearing for the respondents.
3. Learned Assistant Government Pleader for Home on instructions would submit that a report was lodged by one S.Subrahmanya Reddy against the petitioners with the police and on the basis of the said report, a crime for the offences punishable under Sections 420, 506 read with Section 34 of IPC was registered against both the petitioners herein in Crime No.169 of 2022 on 23.03.2022 and that the said crime is under investigation. She would further submit that notice under Section 41-A of Cr.P.C was also issued to the petitioners and that they did not respond to the said notice. Therefore, she would submit that the allegation made by the petitioners that the 4th respondent is unnecessarily summoning the petitioners to the Police Station without there being any crime registered against them is absolutely false. 2
4. Therefore, in view of the aforesaid submission made by learned Assistant Government Pleader for Home, as it is stated that a crime was registered against the petitioners for the offences punishable under Sections 420, 506 read with Section 34 of IPC, there is no merit in the contention of the petitioners that the 4th respondent is unnecessarily summoning the petitioners without there being any crime registered against them. As the aforesaid crime is registered against the petitioners, the 4th respondent appears to have issued notice under Section 41-A of Cr.P.C to the petitioners. The petitioners without responding to the said notice and by suppressing the fact of registration of crime against them has filed the present writ petition. Therefore, there is no merit in the contention of the petitioners in this writ petition.
5. Resultantly, the Writ Petition is dismissed. The law has to take its own course in connection with the crime registered against the petitioners. No costs.
Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.
_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 21.06.2022 KA 3 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No.30995 of 2021 Date: 03-01-2022 AKN