Boini Sammaiah v. The Station House Officer,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.2167 of 2011 ORDER:

The petitioner is a permanent resident of Kurapally village and he belongs to the Schedule Caste (Madiga). He is actively involved in politics for the last ten years. He was elected as a Sarpanch of Gram Panchayat of Kurapally village. He has undertaken several developmental activities on the basis of responsibility entrusted by the people. The petitioner states that after respondent No.6 joined as Inspector of Police, Jammikunta Police Circle in the month of September 2009 at the instance of respondent No.8, he was calling him to the Police Station and abusing him in filthy language. It is his allegation that his supporters are also being harassed. He states that four cases were registered against him. In those circumstances, he filed this writ petition challenging the action of respondent No.6 in interfering with peaceful life, liberty and freedom of the petitioner by registering false criminal cases with an intention to restrain his political activities.

It is submitted by learned Government Pleader for Home (TG) that respondent No.6 is not presently working at the Station and if the petitioner has any grievance with regard to the crimes registered against him, he has to take separate proceedings in respect of each individual case. He cannot file a writ petition restraining the police people from registering the cases on the basis of the complaints received by them.

The present writ petition was filed seeking prevention of respondent No.6 from filing cases alleging that they were false criminal cases. If a case is registered on the basis of complaint, the petitioner can have appropriate remedies in accordance with

law. He cannot file a writ petition restraining respondent No.6 from discharging his duties. Respondent No.6 is arrayed as a party in his own name. Respondent No.1 is the Station House Officer, Jammikunta Police Station, Karimnagar District. Except stating that respondent No.6 was acting at the behest of respondents 7 and 8, no specific allegations are made against respondent No.6. In the circumstances, this Court is not inclined to grant the relief sought for by the petitioner preventing respondent No.1 from registering any complaint against the petitioner. However, this will not prevent the petitioner from taking appropriate proceedings against the crimes registered against him in accordance with law. With the above observations, this Writ Petition is dismissed. No order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. ________________________________ A.RAMALINGESWARA RAO, J 14.03.2016 MVA