Subba Rao Modiboina, v. The State Of Andhra Pradesh,

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.35810 OF 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India to declare the action of respondent No.3 in registering Crime No.86 of 2016 on the file of Sydapuram Police Station, Sri Potti Sri Ramulu Nellore District against the petitioner as illegal and arbitrary and consequently, to quash the said crime. 2.

Heard and perused the material available on record. 3.

Case of the petitioner is that respondent No.4 filed a complaint against him before respondent No.3 and the same was registered as the aforementioned crime for the offence punishable under Section 332 I.P.C; that the complaint does not contain any incriminating material; that he never did any criminal activities and respondent No.3 is trying to arrest him without following the due process of law.

4.

Learned Assistant Government Pleader for Home submitted that on the basis of the said complaint, a case was registered against the petitioner and respondent No.3 is investigating the matter in accordance with law.

5.

Considering the facts and circumstances of the case and the grievance of the petitioner, without expressing any opinion on merits, respondent No.3 is hereby directed to complete the investigation in the aforementioned crime and file a final report, in accordance with law in either way, without arresting the petitioner.

6.

With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

7.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO 31.10.2016 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.35810 OF 2016 Date: 31.10.2016 AMD