High Court for State of TelanganaWP/22697/2016disposed of no costs

T.Kadhar Basha v. The State Of Andhra Pradesh

2016-07-13C.Praveen Kumar2 pages

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.22697 OF 2016 ORDER:

Heard the learned Counsel for the petitioner and the learned Government Pleader for Home. With consent of the counsel appearing for both parties, the present Writ Petition is disposed of at the admission stage.

2. Since this Court is not going into the merits of the case, issuing notice to the unofficial respondent may not be necessary.

3. The present Writ Petition is filed with the following prayer: "to issue a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the action of Respondent No.3 in interfering with civil dispute arise out of a money transaction between the petitioner and the 4th respondent herein, at the behest of Respondent No.4 as illegal and arbitrary and consequently direct the Respondent No.3 to not to call the Petitioner to the police station for resolving any civil dispute that arise between Petition and 4th Respondent."

4. The grievance of the petitioner appears to be that the 3rd respondent, at the behest of the 4th respondent, is illegally and intentionally directing the petitioner to attend the police station and demanding him to settle the civil dispute pending between him and the 4th respondent.

5. Learned Government Pleader for Home submits that allegations made in the writ petition are all false and if the petitioner is to be summoned to the police station, respondents will

follow the due process of law.

6. Having regard to the above, the Writ Petition is disposed of directing the respondents-police to be mindful of the limits of their jurisdiction in criminal law and not to interfere with any civil dispute pending between the petitioner and the 4th respondent. Needless to mention that the respondents shall follow due process of law while summoning the petitioner to the police station or arresting him in the event of a crime being registered against him. Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs.

_______________________ JUSTICE C. PRAVEEN KUMAR Date:13.07.2016 INL