High Court for State of TelanganaWP/45135/2016closed no costs

Patibandla Nageswara Rao v. State Of Andhra Pradesh,

2017-01-20A Ramalingeswara Rao2 pages

HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO W.P.No.45135 of 2016

ORDER

Challenging the action of the 3rd respondent in registering Cr.No.88 of 2016, dated 21.12.2016, against the petitioner, the present writ petition is filed.

This Court by order dated 23.12.2016 directed the police concerned not to arrest the petitioner.

The Apex Court in State of Telangana vs. Habib Abdullah Jeelani & Ors (SLP (CRL) No.5478 of 2015) held that this Court has to exercise its power under Article 226 of the Constitution of India in exceptional cases and shall not pass orders preventing police from arresting the accused except in accordance with law. In the circumstances, this Court sees no ground to interfere with the registration of crime against the petitioner. However, it is open to the petitioner to take appropriate legal proceedings in accordance with law.

Accordingly, the Writ Petition is closed. No costs. Miscellaneous petitions, if any, pending shall stand closed. ___________________________________ JUSTICE A.RAMALINGESWARA RAO 20th January, 2017 rkk