Gedela Raja Sekhar, v. The Station House Officer,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.26150 OF 2017 O R D E R:

This Writ Petition is filed questioning the action of the respondents 1 and 2 in interfering with the liberty of the petitioners by calling them to the 2nd respondent's office everyday and making them to sit from morning to evening. In paras 5 and 7 of the counter-affidavit filed by the respondents, it is stated:

"5.

It is submitted it is fact that notices u/s.160 Cr. P.C dated 13.8.2017, 15.8.2017 and 18.8.2017 were issued to the 3rd petitioner herein in Crime No.163 of 2017 requesting him to appear before the investigating officer to depose the facts relating to the said case. Accordingly, the 3rd petitioner herein appeared before the investigating officer on 15.8.2017 & 18.8.2017, thereupon his statement was recorded by the investigating officer on 15.8.2017. Similarly, notices u/s. 160 Cr. P.C dated 14.8.2017 and 18.8.2017 were issued to the 1st petitioner herein, in Cr.No.163/2017, requesting him to appear before the investigating officer to depose the facts relating to the said case.

Accordingly, the 1st petitioner herein appeared before the investigating officer on 14.8.2017 and 18.8.2017, thereupon his statement was recorded by the investigating officer on 14.8.2017. It is submitted that the 2nd petitioner herein was not issued any notice u/s 160 Cr.P.C nor she was called by the investigating officer in the above cases.

7.

It is reiterated that the allegation of the petitioner that the respondents 1 and 2 have been interfering wit the liberty of the petitioners by calling them to the 2nd respondent's office every day and making them to sit from morning to evening nor harassed at any point of time, as alleged in the writ petition, is totally false, baseless and the same is hereby specifically denied."

The learned counsel for the petitioners submits that in the light of the stand taken by the respondents in their counter, the writ petition may be closed by giving liberty to the petitioners to avail the alternative remedies available under law. Accordingly, the writ petition is closed giving liberty to the petitioners to avail the alternative remedies available under law. No order as to costs.

Miscellaneous Petitions pending, if any, shall stand closed. ____________________________ CHALLA KODANDA RAM, J 15th September, 2017 Gk

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.26150 OF 2017 Date:15.09.2017 Gk