Siva Prasad Mulsa, v. The State Of Andhra Pradesh,

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.35685 of 2016 ORDER:

This writ petition is filed seeking to declare the action of the 2nd respondent in registering the FIR No.181 of 2016, on the file of the Narsaraopet (R) Police Station, Guntur District, as illegal and arbitrary.

Heard and perused the material available on record. The main grievance of the petitioners is that the 3rd respondent falsely registered the complaint against the petitioners only with a mala fide intention that the petitioners are activists of YSR Congress party and he was an activist of Telugu Desham Ruling Party and the alleged complaint is nothing but politically motivated only to satisfy the egoist feelings of the ruling party leaders of the said locality.

Learned counsel for the petitioners submit that even on the date of offence, i.e., on 09.10.2016, the 1st petitioner is not at Yelamanda Village, but he was in Hyderabad. Therefore, the initiation of complaint in the name of caste and against petitioners 2 and 3 is nothing but clear abuse of process apart from malicious intention.

Considering the grievance of the petitioners and the submissions of the learned counsel for the petitioners, the 2nd respondent is directed to complete the investigation in FIR No.181 of 2016, as expeditiously as possible and file a final report, if any, either way in accordance with law, within a period of six (6) months from today without arresting the petitioners. The

petitioners are directed to appear before the 2nd respondent as and when required for the purpose of investigation. Accordingly, the Writ Petition is disposed of. No costs. Pending Miscellaneous Petitions, if any, shall stand closed. ____________________ RAJA ELANGO, J Date: 21st October, 2016 KL