Ambati Kasi Viswanatham, v. The State Of A.P.

HONOURABLE SRI J USTICE A.RAMALINGESWARA RAO WRIT PETITION No. 44480 OF 2016 ORDER:

Challenging the action of fourth respondent-Station House Officer, Police Station, Nallapadu, Guntur District in registering FIR No. 567 of 2016, dated 12.12.2016 against the petitioner at the instance of fifth respondent, the present Writ Petition is filed. As stated by the learned Government Pleader, It is a case of sale of noxious chilli powder. Basing on the complaint lodged by the fifth respondent, the fourth respondent registered a case in Crime No. 567 of 2016 against the petitioner and six other traders. During the course of investigation, the Investigating Officer examined five witnesses and recorded their statements. Accused Nos. 4 and 5 were arrested and basing on their confessional statements, five more accused were added to the aforesaid crime on 17.12.2016. The petitioner herein was arrayed as Accused No.

1 and further investigation is in progress. In the above circumstances, it cannot be said that registration of crime against the petitioner and others cannot be said to be bad in law. However, it is needless to observe that the respondents-police shall follow due process of law while investigating the crime including invocation of Section 41-A of Criminal Procedure Code.

is always open to him to take out appropriate criminal proceedings in accordance with law. This Court in exercise of jurisdiction under Article 226 of the Constitution of India cannot interdict the investigation and examine the points raised by the learned Counsel for the petitioner in the present case. In view of the above, the Writ Petition stands disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs. ------------------------------------------------- JUSTICE A. RAMALINGESWARA RAO DATED 1ST FEBRUARY, 2017.

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