B.L.N.Kumar v. The State Of Andhra Pradesh, Department Of Home

THE HON'BLE SRI JUSTICE P.KESHAVA RAO WRIT PETITION No.33248 OF 2013 ORDER:

Heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing for the respondents 1 to 3.

The prayer sought for in the writ petition is as under: " to Issue a writ or order more particularly one in the nature of writ of mandamus by declaring that the action of the respondents police particularly respondent No. 3 in harassing the petitioner every day since one week is illegal and arbitrary and violation of fundamental rights and Article 21 of constitution of India consequently direct the respondents police not to interfere with the personal liberty of the petitioner by way of any kind of harassment." During the course of hearing, the learned Government Pleader placed on record the written instructions dated 21.11.2013 issued by the Sub-Inspector of Police, Madhapur Police Station, Cyberabad Commissionerate. The same is made part of the record.

A perusal of the said written instructions would reveal that the 4th respondent herein filed a private complaint before the IX Metropolitan Magistrate, Cyberabad at Kukatpally and the same was referred to the respondent-police under Section 156(3) of Cr.P.C. Pursuant thereto, Crime No.767 of 2013 for the offences under Sections 420, 468, 323, 506 r/ w 34 I.P.C. was registered on the file of Madhapur Police Station on 23.08.2013 and investigation was taken up. During the course of investigation, the respondent-police have recorded the statement of 4th respondent herein and for the purpose of investigation, summoned the accused No.1 and interrogated him. During the interrogation, it was revealed that the petitioner herein and one Mr.

and they introduced A.2 and encouraged A.1 to purchase the subject-property and both of them signed as witnesses in the registered documents. Based on the investigation conducted, it is revealed that there is probability of involvement of the petitioner in connection with the above said case. It is also mentioned that when the investigating agency was about to summon the petitioner for enquiry in connection with the said crime, the petitioner filed the present writ petition with baseless allegations. It is also mentioned that though the petitioner is not named in the F.I.R., in the event of petitioner's presence is required, necessary steps will be taken for summoning the petitioner as per law.

In that view of the matter, no further orders are required in the writ petition and the same is accordingly closed. No costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ P.KESHAVA RAO,J 23rd NOVEMBER 2018.

Tsr