Gundavarapu Prajapathi Rao v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.23681 of 2018 ORDER:

This writ petition is filed seeking writ of mandamus declaring the action of the respondent Nos.3 to 7 in interfering with the life and personal liberty of the petitioners as illegal and arbitrary and consequently to refrain them from doing so. Heard Sri A.Sudarshan Reddy, learned Senior Counsel appearing for Sri P.Roy Reddy, learned counsel for the petitioners and learned Government Pleader for Home appearing for respondents 1 to 7.

Sri A.Sudarshan Reddy, learned Senior Counsel submits that in spite of granting anticipatory bail to the petitioners, the respondents 3 to 7 & 9, at the instance of 8th respondent, harassing the petitioners and also interfering with the life and liberty of the petitioners, without following due process of law. He also referred to the orders passed by this Court in Writ Petitions, wherein the petitioners and the 8th respondent are parties. On the other hand, learned Government Pleader for Home, basing on written instructions, submits that the respondents are not concerned with the civil litigation pending between the petitioners and the 8th respondent. She submits that since crimes are registered against the petitioners, except proceeding with the investigation, they are not interfering with the life and liberty of the petitioners.

In this case, it is to be seen that, even as per the affidavit of the writ petition, criminal cases are registered against the petitioners i.e., Crime No.174 of 2018, Crime No.196 of 2018 and Crime No.215 of 2018 of Suryaraopet Police Station, Vijayawada and admittedly, petitioners granted anticipatory bails in all the crimes registered against them. When criminal cases are registered, the power of the police to investigate or interrogate cannot be curtailed. But, however, under the guise of investigation or interrogation, police cannot interfere with the civil disputes between the petitioners and 8th respondent so also with the life and liberty of the petitioners.

In view of above facts and circumstances, in view of written instructions produced by the learned Government Pleader for Home, this Writ Petition is disposed of directing the respondents 3 to 7 & 9, not to interfere with life and liberty of the petitioners, except in accordance with law. However, this order will not preclude the police from investigating the criminal cases registered against the petitioners, 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 12-07-2018 kvs

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.23681 of 2018 Date 12.07.2018.

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