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High Court for State of TelanganaWP/35021/2016disposed of no costs

Sri Y. Ram Prasad Raju v. The State Of Andhra Pradesh,

2016-10-18Raja Elango3 pages

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No:35021 OF 2016 ORDER:

1.

The present writ petition is filed by the petitioners to issue a Writ of Mandamus declaring the action of the 4th respondent in registering a case in Crime No.153 of 2016 on the file of Tadikonda Police Station for the offence under Sections 120-B and 420 r/w 34 IPC, without obtaining any scientific report and without conducting any enquiry, as illegal and arbitrary, and consequently, to set aside the same. 2.

It is stated in the affidavit that the 1st petitioner is the Managing Director of M/s Brahmaputra Hybrid Seed Private Limited, Hyderabad. The said company is producing and distributing the seeds in Hyderabad, Guntur District and other States. While so, the Mandal Agriculture Officer, Tadikonda Mandal filed a complaint before the 4th respondent alleging that the petitioners, who are the Directors and Marketing Executive of the company, cheated 201 farmers by producing duplicate seeds. 3.

Heard and perused the material available on record. 4.

The main grievance of the petitioners is that the respondents herein, without conducting any enquiry into the complaint given by the Mandal Agriculture Officer, are threatening them and that the police are trying to arrest the petitioners without following due process of law. 5.

Considering the facts and circumstances of the case and the grievance of the petitioners, without expressing any opinion on merits, the respondents are directed to complete the investigation in Crime No.153 of

2016 on the file of the Tadikonda Police Station, and file a final report, in accordance with law in either way, without arresting the petitioners. 6.

With the above direction, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE RAJA ELANGO Dated: 18th October, 2016 Note:

Issue C.C. today B/O Nn.

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No:35021 OF 2016 18/10/2016 Nn.