M/S Sri Durga Veera Bhadra Coffee And Tea And General v. State Of Andhra Pradesh, Rep. By Its Principal Secretary,

THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION No. 22478 of 2016 ORDER :

The present Writ Petition came to be filed seeking to issue a writ of mandamus declaring the action of respondent No.3 in calling the petitioner to police station everyday and detaining her there from evening till 11.00 PM pursuant to reference of a complaint from the Court of the III Additional Chief Metropolitan Magistrate, Vijayawada vide CF No.5071 of 2016, dated 31.05.2016, as illegal and arbitrary.

2. Heard the learned counsel for the petitioner and the Assistant Government Pleader for Home for the State of Andhra Pradesh appearing for the respondents. At the request of both the counsel, the Writ Petition is being taken up for disposal at the stage of admission.

3. The case of the petitioner that respondent No.3 is summoning her to police station everyday pursuant to a reference made by the Court of the III Additional Chief Metropolitan Magistrate, Vijayawada vide CF No.5071 of 2016, dated 31.05.2016, on a complaint filed by one Putcha Poorna Chandra Rao, s/o. Gopalakrishna Murthy and also threatening her to remove the shop from the premises bearing H.No.30/18/29B, KVS Road, Vijayawada.

4. Learned Assistant Government Pleader appearing for the respondents, on instructions, states that the averments in the Writ Petition as to summoning the petitioner to police station by respondent No.3 are false, and if required, they will summon the petitioner by following the due procedure established by law.

5. Recording the said statement and having regard to the circumstances of the case, respondent No.3 is directed not to summon the petitioner to police station or interfere with personal liberty or business of the petitioner, without following due process of law.

6. The Writ Petition is disposed of with the aforesaid direction. Miscellaneous petitions pending, if any, in the Writ Petition shall stand closed in the light of this final order. No order as to costs.

______________________ C.PRAVEEN KUMAR, J 12.07.2016 DRK THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR

W.P.No.22478 of 2016 12.07.2016