Andhra Pradesh High Court - Amravati
Bommareddy Sreerami Reddy vs The State Of Andhra Pradesh, on 6 December, 2019
Author: M. Satyanarayana Murthy
Bench: M. Satyanarayana Murthy
1
THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY
WRIT PETITION NO.19530 of 2019
ORDER:
This Petition, under Article 226 of the Constitution of India, is filed by the petitioners to issue a Writ of Mandamus, questioning the action of the respondents in interfering with civil disputes between petitioner and the 5th respondent, repeatedly calling the petitioner and his wife to the 4th respondent police station, detaining them in the police station till evening without there being any complaint and without following procedure contemplated under law, and declare the same as illegal, arbitrary, without jurisdiction and violative of fundamental rights guaranteed under Article 21 of the Constitution of India, consequently requested to issue a necessary direction.
The petitioner though made several allegations in the Writ Petition, in view of the written instructions dated 04-12-2019 placed on record, no further adjudication is necessary based on the attributions made against the respondents and it would suffice to issue a direction to the 2nd respondent not to interfere with the civil disputes between petitioner and the 5th respondent and not to call the petitioner to the police station, except when a crime is registered for the cognizable offence, to meet the ends of justice.
The learned Government Pleader for Home brought to the notice of this Court in his written instructions, a Petty Case No.407 to 410/2019 under Section 160 IPC (Affray) dated 01-12-2019 was registered against each other. However, both parties i.e., petitioner herein and the unofficial respondents herein did not approach the respondent police and hence they 2 could not file petty case charge sheet against them. Even if, any such crime is registered under Section 160 IPC (Affray), the parties are not required to appear before the police to enable to the police to file charge sheet. If charge sheet is filed, summons will be issued to the accused persons in the crime referred above. Then, they will appear before the Court, but they cannot be called to the police station frequently without any reason. Hence, calling the petitioner frequently to the police station is nothing but interfering with the personal liberty and the same is illegal and arbitrary.
Therefore, I find that it is a fit case to direct the respondents not to call the petitioner to the police station without registering any crime against him for the cognizable offence or even in the pending crime for the offence under Section 160 IPC on the ground that they did not file petty case charge sheet before the Magistrate.
With the above direction, this Writ Petition is disposed of at the stage of admission with the consent both the counsel. There shall be no order as to costs.
As a sequel, Interlocutory Applications pending, if any, shall stand closed.
___________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 06-12-2019 IS 3 HONOURABLE SRI JUSTICE M. SATYANARAYANA MURTHY WRIT PETITION No.19530 of 2019 Date: 06-12-2019 IS