Makkena Srinivasa Rao, v. The State Of Andhra Pradesh,
HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.38743 of 2016 ORDER:
1.
This writ petition is filed under Article 226 of the Constitution of India seeking a direction to the 3rd respondent not to arrest the petitioner without there being any crime.
2.
It is stated in the affidavit that the Joint Director of Agriculture, Guntur, gave a notice directing him to submit his explanation on the allegations that insecticides were found in the bio products being marketed by him. It is the case of the petitioner that without waiting for explanation and without providing any opportunity to the petitioner, the criminal proceedings were initiated against the petitioner. 3.
On 14.12.2016, this Court passed interim order directing the respondents-police concerned not to arrest the petitioner, and further granting liberty to them to proceed with the investigation. 4.
Heard and perused the material available on record. 5.
Considering the facts and circumstances of the case and the grievance of the petitioner, without expressing any opinion on merits, the interim order dated 14.12.2016 is made absolute directing respondents Nos.1 to 3 to complete the investigation and file a final report, in accordance with law, without arresting the petitioner. However, the petitioner is directed to appear before the Station House Officer concerned as and when required for the purpose of investigation and he is also directed to execute a personal bond for a sum of Rs.5,000/- (Rupees Five Thousand only) with one surety for the like sum to the satisfaction of the Station House Officer concerned, as surety for his future appearance as and when required for the purpose of investigation.
6.
With the above direction, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed. ________________ RAJA ELANGO, J Date: 27th December, 2016 Nn
HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.38743 of 2016 Date: 27th December, 2016 Nn