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High Court for State of TelanganaWP/28653/2011dismissed no costs

Reddepaka Ramulu, v. The Government Of Andhra Pradesh,

2015-06-08Sanjay Kumar3 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.28653 OF 2011 DATED 08th JUNE, 2015 Between:

Reddepaka Ramulu .. Petitioner and The Government of Andhra Pradesh rep. by its Principal Secretary, Home Department and others .. Respondents

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.28653 OF 2011

O R D E R

The petitioner herein assails the action of the police authorities in harassing

him at the instance of the fifth respondent.

The Sub-Inspector of Police, Vemulapally police station, Nalgonda District, filed a counter-affidavit stating that upon the complaint made by the fifth respondent, Crime No.69 of 2011 was registered on the file of the Vemulapally police station under Sections 427 and 447 IPC. The petitioner was stated to be Accused No.1 therein. The other accused in the said crime were stated to have been arrested and remanded to judicial custody but the petitioner was stated to be absconding. Reference was made to an earlier complaint made by the fifth respondent against the petitioner which resulted in Crime No.33 of 2011 being registered on the file of the Vemulapally police station under Sections 120B, 379 and 447 IPC. A charge sheet was filed in this case and the matter was stated to be under trial in C.C.No.372 of 2011 before the learned Judicial First Class Magistrate, Miryalaguda, Nalgonda District.

No reply affidavit was filed by the petitioner rebutting the above counteraffidavit averments. In the light of the aforestated facts, the petitioner cannot object to the investigation by the police authorities into the offences registered against him. Needless to state, the police authorities would be bound to follow the due procedure laid down in the Code of Criminal Procedure, 1973 while summoning and examining the petitioner or taking any appropriate action against him thereafter. Reserving liberty to the police authorities to do so, the writ petition is dismissed. Pending miscellaneous petitions shall also stand dismissed. No order as to costs.

______________________ SANJAY KUMAR, J 08th JUNE, 2015 Svv