Ismail Khan Pathan, v. The State Of A.P. Rep. By The Principal Secy To Home

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.38998 of 2016

ORDER

This writ petition is filed by the petitioner seeking to declare the action of 3rd respondent in registering the FIR in Cr.No.190 of 2016 dated 02.11.2016 of Vinukonda Police Station, Guntur District, for the offence punishable under Section 353 IPC, against him, as illegal and arbitrary.

2.

It is stated in the affidavit that the 4th respondent, who is the Sub-Inspector of Police, lodged a complaint alleging that while he was conducting enquiry in a criminal case, the petitioner behaved rashly and abducted his legitimate duties. It is further stated that the petitioner was falsely implicated in the aforesaid crime and that the 3rd respondent is trying to arrest him without following due process of law.

3.

The petitioner filed this writ petition challenging the investigation in the above crime. This Court is not inclined to interfere with the investigation in the said crime. However, the official respondents are directed to complete the investigation and file a final report, in accordance with law, without arresting the petitioner. The petitioner is directed to appear before the Station House Officer concerned as and when required and further directed to execute a personal bond for a sum of Rs.5,000/- (Rupees five thousand only) with one surety for the like sum to the satisfaction of

RE, J W.P.No.38998 of 2016 the Station House Officer concerned, as surety for his future appearance as and when required.

4.

With the above direction, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

_____________________ JUSTICE RAJA ELANGO 11th November, 2016 sj

RE, J W.P.No.38998 of 2016