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High Court for State of TelanganaWP/33122/2015dismissed

Y. V. Ramana Murthy Achari, v. The State Of Andhra Pradesh

2018-12-20T.Amarnath Goud2 pages

THE HON'BLE SRI JUSTI CE T.AMARNATH GOUD WRI T PETI TI ON NO. 33122 OF 2015 ORDER:

The prayer sought in this Writ Petition is as under: "...to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent herein in trying to arrest the petitioner(A2) without probing into the matter basing on the report made by the 4th respondent in Crime No.150/2015 dated 21.7.2015, on the file of the SHO PS, Tuni rural Police Station, East Godavari District, Andhra Pradesh as illegal, arbitrary and oppose to all cannons of justice as well as Article 21 of Constitution of India and to call for the records with regard to an in connection with Crime No.150 /2015 dated 21.7.2015 on the file of the SHO PS, Tuni Rural Police Station, East Godavari district, Andhra Pradesh to quash the same in respect to the petitioner(A2) herein, consequentially stay of all further proceedings including arrest of the petitioners in connection with Crime No.150 /2015 dated 21.7.2105 on the file of the SHO PS, Tuni Rural police Station, East Godavari district, Andhra Pradesh."

The above relief sought cannot be granted in this Writ Petition which is filed under Article 226 of the Constitution of India as the same is filed under an apprehension. More over in the counter affidavit, the respondents have contended that the petitioner is

involved in doing illegal business. Hence, the petitioner under the garb of obtaining orders from this Court, intends to continue illegal business without being arrested and also by restraining the officers from interfering with his illegal business by exercising their duties of inspecting into the illegalities.

Hence, this Writ Petition is dismissed.

Pending miscellaneous petitions, if any, shall stand dismissed. No order as to costs.

_____________________ T. AMARNATH GOUD,J Date: 20.12.2018 KPM