Nerella. Rarnamohana Rao v. The State Of Andhra Pradesh Rep. By Its Superintehdent Of

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE NINTH DAY OF MARCH, TWO THOUSAND AND FIFTEEN :PRESENT:

THE HON'BLE SRI JUSTICE: VILAS V.AFZULPURKAR WP .NO:5774 of 2015 Between:

1. Nerella. Ramamohana Rao, S/o late Kotaiah

2. Vennam Nathanial Raja Manoharam, S/o Late Samuel

3. Govada Radhakrishna, S/o Sankarudu ..... Petitioners AND

1. The State of Andhra Pradesh rep. by its Superintendent of Police, Prakasham District, Ongole.

2. The Station House Officer, Parchur Police Station, Parchur, Prakasham District .....Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue writ order or direction one in the nature of writ of 'Mandamus' declaring the action of the 2nd Respondent and his officers, in interfering with the life and liberty of the Petitioners by calling the petitioners to the police station, further threatening arrest without any crime registered against the petitioners, as illegal, arbitrary and in violation of Article 14, 19 and 21 of Constitution of India and consequently direct the Respondent No.

2 and his officers not to call the petitioners to the police station and arrest them, since no crime is registered against the petitioners including the Crime No.80/2014 on the file of Police Station Parchur, Prakasham District. The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein, and upon hearing the arguments of Sri M. Ratna Reddy, Advocate for the Petitioners, and of Asst. GP for Home (AP) for the Respondents, the Court made the following.

AGP for Home takes notice and seeks time to get instructions.

Petitioners state that they are no way connected with respect to Cr. No. 80 of 2014. However, it is alleged that the petitioners are being called by second respondent, though there being no crime registered against them.

Pending further orders, if the presence of petitioners is required for the purpose of investigation, the second respondent shall follow the procedure prescribed in law before taking any action against the petitioners.

List after two (2) weeks in ML., ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To

1. The Superintendent of Police, Prakasham District, Ongole. State of A.P.,

2. The Station House Officer, Parchur Police Station, Parchur, Prakasham District (Addressee Nos 1 & 2 by RPAD along with a copy of petition and affidavit)

3. Two CCs to GP for Home (AP), High Court, Hyderabad (OUT)

4. One CC to Sri M. Ratna Reddy, Advocate (OPUC)

5. One spare copy Skm HIGH COURT VVA,J Drafted by: skm Drafted on : 10-03-2015 DATE: 09-03-2015 NOTE: LIST AFER TWO WEEKS IN M.L.,

ORDER

WP. No. 5774 of 2015 DIRECTION