Vadlamudi Subrahmanyam v. The Station House Officer, Guntur Taluq Police Station

The Hon'ble Sri Justice S.V.Bhatt Writ Petition No.522 of 2012 Order:

Heard Smt.M.Uma Devi, learned Counsel for the petitioner, and the learned Assistant Government Pleader for Home (AP) representing the respondents.

The petitioner prays for a Mandamus declaring the action of the first respondent in frequently calling him to Police Station without any crime being registered against him as illegal and unconstitutional.

The first respondent, in reply to the notice of the Writ Petition, states that a case in Crime No.283 of 2010 under Sections 420 and 480 of IPC was registered on the file of Guntur Taluq Police Station against one V.Venkata Ratnam, who is the brother of the writ petitioner, and that the investigation is in progress.

The petitioner, without any cause of action, has filed the instant Writ Petition on the allegation that he is being called to the Police Station frequently.

The reply of the first respondent reads thus: "It is respectfully submitted that this respondent as of now never summoned the petitioner to the police station nor enquired him about the whereabouts of his brother. I submit that this respondent enquiries revealed that the petitioner very well knows the whereabouts of his brother but to save his brother in the said crime, has rushed to this Hon'ble Court and filed the present writ petition with baseless allegations. It is pertinent to submit that if the petitioner is required for want of obtaining any information, this respondent will act in accordance with law and as per the provisions of the Criminal Procedure Code.

I submit that the allegation of the petitioner that this respondent called to the police station very often and asked him to sit in the police station premises hours together is absolutely false, baseless and invented for the purpose of filing the writ petition. I submit that this respondent never harassed the petitioner nor summoned him to the police station as alleged in the affidavit. Hence, the writ petition is devoid of any merits."

From the above, it is clear that on an apprehension, the Writ Petition has been filed. This Court does not see any reason to consider the writ prayer.

The Writ Petition fails and the same is, accordingly, dismissed.

As a sequel to dismissal of the Writ Petition, WPMP.No.654 of 2012, filed by the petitioner for interim relief, is disposed of as infructuous.

___________ (S.V.Bhatt, J) Dt: 27th February, 2017 lur