Kvr Rail Infra Projects Pvt. Ltd. v. The State Of Andhrapradhesh Rep. By Its
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE TWENTY SIXTH DAY OF FEBRUARY, TWO THOUSAND AND SIXTEEN :PRESENT:
THE HON'BLE SRI JUSTICE SANJAY KUMAR WP .NO: 41196 of 2015 Between:
KVR Rail Infra Projects Pvt. Ltd.
Rep. by its authorized signatory i.e., CEO & VP- projects Shri Amit Bansal Office: 12-5-34-35/1, Vijaypuri, South Lalaguda, Secunderabad. ..... Petitioner AND 1 The State of Andhra Pradesh, rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad.
2 The Superintendent of Police (Rural), Vizag. 3 The Station House Officer, KasimKota Police Station, Kasimkota Mandal, Vizag District.
4 The Sub Inspector of Police, KasimKota Police Station, Kasimkota Mandal, Vizag District.
5 Sagi Raju Varma S/o. Venkatapathi Raju, about Major, Occu: Business, R/o.Peddapalli Village, Butchiyyapeta Mandal, Vishakapatnam District. 6 M.V. Ramana S/o. Rambabu, Aged about Major, Occu: Business, R/o Amiripalli Veedhi, Kasimkota Village & Mandal, Vishakapatnam District.
7 M. Srinivasa Rao, Sub-Inspector of Police, Kasimkota Police Station, Kasimkota Mandal, Visakhapatnam District.
(R7 is suo motu impleaded as per Court order dated 5-2-2016) .....Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ, order or direction, more particularly one the nature of Writ of Mandamus, by declaring the action of the 4th respondent in interfering with the officials, employees of our company basing upon the false complaint of the 5th and 6th respondent against the petitioner company without having any power under Cr.P.C. to conduct any preliminary enquiry in respect of the civil nature cases and to declare the same as illegal, arbitrary, unjust, discriminatory and also in violation of Article 21 of the Constitution of India and consequently, direct the Respondent No.4 not to interfere with the affairs of the Petitioner company.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the order of the High Court dated 07-012016 made in WPMP No.53181 of 2015 and order dated 05-2-2016 made herein and upon hearing the arguments of Sri Syed Tousif Basha, Advocate for the Petitioner and GP for Home (AP) for Respondent Nos.1 to 4, the Court made the following ORDER:
The Sub-Inspector of Police, Kasimkota Mandal, Visakhapatnam District, is present in person. His further presence is dispensed with. He seeks time to engage a counsel and file a counter-affidavit explaining his
action.
Post on 18.03.2016 in the 'Motion List [Adjourned Matters]' list. ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Sub-Inspector of Police, Kasimkota Police Station, Kasimkota Mandal, Vizag District.
2 M. Srinivasa Rao, Sub-Inspector of Police, Kasimkota Police Station, Kasimkota Mandal, Visakhapatnam District.
3 One CC to Sri Syed Tousif Basha, Advocate (OPUC) 4 Two CCs to the G.P. for Home (AP), High Court of Judicature at Hyd. (OUT) 5 One spare copy.
HIGH COURT SK,J DATED: 26-2-2016 NOTE: Post on 18-3-2016 in ML (Adjourned Matters) List
ORDER
W.P.NO. 41196 OF 2015
DIRECTION HIGH COURT Nnr Date of Drafting : 26-02-2016 SK,J DATED: 26-2-2016 NOTE: Post on 18-3-2016 in ML (Adjourned Matters) List
ORDER
W.P.NO. 41196 OF 2015 DIRECTION