K. Madhava Reddy v. The Superintendent Of Police

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.6356 of 2011 ORDER:

This writ petition was filed assailing the action of the police authorities in harassing the family members of petitioners 1 and 2 in the context of the complaint made by the wife of the 3rd petitioner that the petitioners 1 and 2 took her husband away. Upon the said complaint, Crime No.23 of 2011 was registered on the file of Mulakalacheruvu Police Station, Mulakalacheruvu Mandal, Chittoor District, under Section 363 I.P.C. According to the petitioners, there was no truth in this complaint and the 3rd petitioner was stated to have appeared before the press asserting that he was not kidnapped by anybody. This press statement was also telecast by Saakshi TV Channel.

By order dated 14.03.2011, this Court directed the SubInspector of Police, Mulakalacheruvu Police Station, not to harass the petitioners 1 and 2 and their family members. The Sub-Inspector of Police, Mulakalacheruvu Police Station, filed a counter-affidavit in March, 2011, adverting to the registration of Crime No.23 of 2011 on the file of the said police station upon the complaint made by the 3rd petitioner's wife. He stated that after completion of the investigation in the said crime, necessary steps would be taken to finalise the case. He denied the allegation that the police authorities were threatening the petitioners 1 and 2 or their family members.

Perusal of the writ affidavit discloses that the entire issue arose in the context of an election which was held at that point of time. There is no indication of any continuing harassment of the petitioners 1 and 2 or their family members by the police authorities. This is confirmed by Ms.Kiranmayee, learned counsel representing Mr.D.Kodanda Rami Reddy, learned counsel for the petitioners.

In that view of the matter, this Court sees no reason to keep this writ petition pending or to adjudicate it on merits. In the event the police authorities require to take any action in the context of Crime No.23 of 2011 registered on the file of Mulakalacheruvu Police Station against petitioners 1 and 2 or their family members, they shall abide by the due procedure laid down by law.

Making this position clear, the writ petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ SANJAY KUMAR, J Date:08.09.2015 GJ