N.V.S.Prakasa Rao v. The State Of Andhra Pradesh Rep.By Its Principal

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.41795 OF 2015

O R D E R

The prayer of the petitioner in this case is as under: 'For the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon'ble Court may be pleased to issue the Writ order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents in calling the petitioner to the police stations in and around Vijayawada at the instructions of the 2nd respondent without there being any crime registered against the petitioner alleging involvement of petitioner in money transaction by demanding higher rate of interest as arbitrary, illegal, capricious and violative of Article 21 of the Constitution of India and consequently direct the respondents not to arrest the petitioner without following the due procedure of law and pass such other orders as may be deem fit and proper in the circumstances of the case.'

The Sub-Inspector of Police, Ajit Singh Nagar police station, Vijayawada City, furnished written instructions dated 05.01.2016 to the Office of the learned Government Pleader for Home, wherein he stated that Sykam Srinivasa Reddy lodged a written complaint against the petitioner on 18.06.2013, basing on which Crime No.507 of 2013 was registered under Sections 384, 420, 447 and 506 IPC on the file of Satyanarayanapuram police station and investigation was taken up. The petitioner was stated to have filed Criminal Petition No.6250 of 2013 before this Court, whereupon interim stay of investigation in the subject crime was ordered on 02.07.2013. In the year 2014, the case was transferred to Ajit Singh Nagar police station on the point of jurisdiction.

The Sub-Inspector denied the allegation of the petitioner that he was called to the police station.

In the light of the aforestated stand of the police authorities, which is duly taken on record, this Court finds no reason to entertain this writ petition for adjudication on merits as there is stay of investigation in the

subject crime in operation.

In that view of the matter, the writ petition is closed. Sri Sai Gangadhar Chamarty, learned counsel for the petitioner, is also agreeable to such closure. Pending miscellaneous petitions shall also stand closed in the light of this final order. No order as to costs. ______________________ SANJAY KUMAR, J 29th MARCH, 2016 PGS/IBL