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High Court for State of TelanganaWP/19184/2011closed no costs

Kavuru Krishna Rao v. State Of Andhra Pradesh

2015-06-24Sanjay Kumar2 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.19184 OF 2011 DATED: 24.06.2015 Between:

Kavuru Krishna Rao .. Petitioner And State of Andhra Pradesh, Rep. by its Principal Secretary to Home Department, and others.

.. Respondents THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.19184 of 2011 ORDER:

The grievance of the petitioner was that the police authorities were interfering with his personal liberty and harassing him to settle his civil dispute with the 8th respondent.

The Sub-Inspector of Police, Tadikonda Police Station, Guntur District, furnished written instructions dated 15.07.2011 to the office of the learned Government Pleader for Home, wherein he stated that upon the complaint made by the 8th respondent, Crime No.60 of 2011 was registered under Sections 323, 448, 506 and 509 I.P.C. on the file of Tadikonda Police Station. The petitioner was shown as the sole accused in the said crime. Upon due investigation, the police authorities also added Section 354 I.P.C. and a memo to this effect was filed before the learned Additional Junior Civil Judge, Mangalagiri. However, as the whereabouts of the petitioner, who was the sole accused in the crime, were unknown, the investigation could not be completed.

In the light of the afore-stated facts, the petitioner has no grounds to complain of police interference without cause. Once a crime is registered by the police, wherein he is arrayed as an accused, the petitioner would necessarily have to be summoned and examined by the police in the course of investigation. Needless to state, the

police would be bound to abide by the due procedure laid down by law while undertaking this exercise.

Making this position clear, the writ petition is closed. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

____________________ JUSTICE SANJAY KUMAR 24th June, 2015 IBL