Ande Venkateswarlu S/ O Venkaiah v. The Station House Officer

THE HON'BLE SRI JUSTICE PRAVEEN KUMAR WRIT PETITION No. 17663 of 2016 ORDER:

Heard.

Since this Court is not entertaining the matter on merits, it may not be necessary to issue notices to the unofficial respondent. The present writ petition came to be filed seeking issuance of writ of Mandamus directing the first respondent not to interfere in civil dispute in respect of O.S.No.468 of 2015 on the file of I Additional District Judge, Guntur, by summoning the petitioner to the police station and compelling him to given confessional statement. The averments in the affidavit filed in support of the writ petition would show that the third respondent executed an agreement of sale on 25.07.2016 in favour of one Kotha Sri Rama Murthy for sale of the land and also received part of sale consideration.

Subsequently, due to sudden increase in price of the land, the third respondent failed to execute registered sale deed in favour of the vendee and as such the agreement holder filed O.S.No.468 of 2015 for specific performance of the contract. The said case is pending before the Court of I Additional District Judge, Guntur. After receiving summons, the third respondent filed an affidavit stating that the petitioner obtained thumb impressions on blank papers. With a view to take defense in the suit, the third respondent filed a private complaint and got the same referred to the first respondent, who is now influenced to record the confessional statement of the petitioner to the effect that he obtained thumb impression of the third respondent on the stamp papers and white papers.

harassed. Hence, the present writ petition. Though various grounds are raised, the learned counsel for the petitioner restricts his prayer seeking a direction to the first respondent not to harass the petitioner by summoning him to the police station except in accordance with law. Learned Government Pleader for Home submits that the authorities shall follow due procedure contemplated under law. Without going into merits of the case and having regard to the facts indicated above, the writ petition is disposed of directing the first respondent not to summon the petitioner to the police station, except in accordance with law.

Miscellaneous petitions, pending if any, shall stand closed in the light of this final order. No order as to costs. _____________________ JUSTICE PRAVEEN KUMAR 07.06.2016, vhb