Pujari Prasad v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.25262 of 2018 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking to declare the action of the 4th respondent in calling the petitioner to the police station and harassing him, as arbitrary and illegal and consequently, direct the 4th respondent not to call the petitioner to the police station. 2.

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondents 1 to 3.

3.

Learned counsel for the petitioner submits that without registering any crime against the petitioner, the 4th respondent is calling the petitioner to the police station and threatening to settle the civil disputes pending between his employer and one Srinivas Rao; that the petitioner is only an employee and he is nothing to do with the civil disputes pending between his employer and the said Srinivas Rao; that unable to bear the said harassment, the petitioner made a complaint to the 2nd respondent to take action against the 4th respondent, but till date no action has been taken. 4.

Learned Assistant Government Pleader for Home produced written instructions, wherein it is stated that the 4th respondent registered a case in Crime No.344 of 2018 of Nallapadu Police Station, Guntur, for the offence punishable under Section 420 IPC against one Pujari Ravi Kumar and the same was investigated into. It is further stated that since the whereabouts of said Ravi Kumar

is not known, the 4th respondent contacted the petitioner through phone and enquired the whereabouts of the said Ravi Kumar. It is stated that the petitioner gave telephone number of said Ravi Kumar to the 4th respondent and since then the 4th respondent is not contacting the petitioner. It is stated that the petitioner is a crucial witness in the aforesaid crime as the entire transaction has taken place in his presence.

5.

As on today, no crime is registered against the petitioner. The 4th respondent is only sought information regarding whereabouts of said Ravi Kumar and he cannot pressurize the petitioner to settle the civil disputes pending between his employer and the said Ravi Kumar. Learned Assistant Government Pleader for Home produced a copy of proceedings, dated 18.07.2018, wherein it is stated that the 4th respondent is transferred to Pattabhipuram Police Station.

6.

In view of the same and since no crime is registered against the petitioner, the respondent-police shall not call the petitioner to police station with regard to the above said crime and shall not interfere with his life and liberty, except in accordance with law. 7.

Accordingly, the Writ Petition is disposed of. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs.

____________________________ A.RAJASHEKER REDDY, J JULY 23, 2018 YVL

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.25262 of 2018 Date:23.07.2018 YVL