Kapalavayi Nagesh v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.23553 OF 2018 O R D E R :

This petition is filed for a writ of Mandamus declaring the action of the respondent police in threatening the petitioner to vacate and handover possession of the premises bearing D.No.8/2269, situated at Gunuputivari Veedhi, Kanigiri Village and Mandal, Prakasam district, to the unofficial respondents and thereby causing interference in the civil disputes, as illegal and arbitrary.

Heard learned counsel for the petitioner.

Learned Assistant Government Pleader for Home produced written instructions stating that basing on the complaint of 5th respondent on 05.04.2018 before the 4th respondent a case was registered in Crime No.75/2018, dated 05.04.2018 against the petitioner for the offences under Sections 448, 506, 509 IPC and investigation is taken up; and that after finalizing the investigation, report will be filed before the concerned Court. It is also stated that except registration of crime, the respondent Nos. 2 to 4 never threatened the petitioner to vacate the subject premises and did not interfere with the civil dispute between the petitioner and respondent Nos. 5 and 6, at any point of time. Recording the aforesaid submission of the learned Assistant Government Pleader, the writ petition is disposed of. It goes without

saying that the respondent police shall not interfere with the life and liberty of the petitioner under the guise of investigation, except in accordance with law. However, this order will not preclude the respondent police from investigating the offence and taking appropriate action, in accordance with law. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

_______________________________ A.RAJASHEKER REDDY, J 17.07.2018 t k.