P. Subbamma v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.2605 of 2016 ORDER:

The prayer of the petitioners in this case is as under: "For the reasons stated in the accompanying affidavit, the petitioners pray that the Hon'ble Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent 3 & 4 in calling the petitioners to the Dakkali Police Station, Venkatagiri Mandal, S.P.S.R. Nellore District by interfering into peaceful life and liberty of the petitioner is illegal, arbitrary, in violation of principles of natural justice and in violation of Articles 14, 19 (1) (g) and 21 of the Constitution of India and consequently direct the respondent No.3 and 4 not to interfere with the petitioner's day to day life by calling the petitioners to Dakkali Police Station, S.P.S.R.

Nellore District, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case." The Sub-Inspector of Police, Dakkali Police Station, SPSR Nellore District, furnished written instructions dated 09.02.2016 to the office of the learned Government Pleader for Home, wherein he stated that upon the complaint made by one Padmamma, Crime No.20 of 2016 was registered under Sections 448 and 506 I.P.C. read with Section 34 I.P.C. on the file of Venkatagiri Police Station, Nellore District. Petitioners 2 and 3 are stated to be the accused therein. The Sub-Inspector further stated that investigation was taken up in the said crime and for the purpose of serving Section 41A notices upon the accused, the police authorities visited the house of the petitioners.

However, the accused were not available but their parents, petitioners 1 and 4, who were there, did not cooperate with the police authorities. The Sub-Inspector concluded by stating that the investigation was still ongoing and denied the allegation of the petitioners that they were threatened or that the police authorities went to Chennai to harass them.

The afore-stated stand of the police authorities is taken on record. In the light thereof, no adjudication is warranted on merits in the present case.

Sri B.Parameswara Rao, learned counsel for the petitioners, is also agreeable to disposal of the writ petition duly taking on record the stand of the police authorities.

The writ petition is accordingly closed. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs. ____________________ JUSTICE SANJAY KUMAR 19th February, 2016 IBL