Sk. Ismail, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION No. 17237 of 2016 ORDER :

The present Writ Petition came to be filed seeking to issue a writ of mandamus declaring the action of respondent Nos.2 to 4 in calling the petitioner to their office without there being any report against him, as illegal and arbitrary.

2. Heard the learned counsel for the petitioner and the Assistant Government Pleader for Home for the State of Andhra Pradesh appearing for respondents 1 to 4. At the request of both the counsel, the Writ Petition itself is taken up for disposal at the stage of admission. Since this Court is not deciding the case on merits, it may not be necessary to hear unofficial respondents 5 and 6.

3. The case of the petitioner is that he married one Nalini Kumari, d/o. Srinivasa Rao in the year 2008, and out of wedlock, they were blessed with a daughter by name Shaheena. At the time of the marriage, the petitioner was working as a Teacher in a School and thereafter shifted himself to Hyderabad and joined in a private firm as H.R. Executive. It is his case that his wife, who was having suicidal tendency, committed suicide. Pursuant thereto, his in-laws lodged a report against the petitioner, which led registration of a crime. However,

police are said to have closed the said case. It is his grievance that though no case is pending against him, respondents 2 to 4, at the instance of unofficial respondents 5 and 6, are putting pressure on the petitioner and summoning him to police station for no reasons.

4. Learned Assistant Government Pleader appearing for respondents 1 to 4, on instructions, stated that respondent Nos. 2 to 5 are not summoning the petitioner to the police station. Recording the said submission and having regard to the fact that no crime is pending against the petitioner as on today, the respondents are directed not to summon the petitioner to police station without following due process of law.

5. The Writ Petition is disposed of with the aforesaid direction. Miscellaneous petitions pending, if any, in the Writ Petition shall stand closed in the light of this final order. No order as to costs.

______________________ C.PRAVEEN KUMAR, J 10.06.2016 DRK THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR

W.P.No.17237 of 2016 10.06.2016