Smt.Gutti Vijaya Lakshmi v. The Govt Of Ap., Rep.By Its Prl.Secretary, Home Department

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.13833 of 2009 ORDER:

The grievance of the petitioner was that the police authorities were not disposing of her representation dated 01.07.2009 whereby she sought protection of her life.

By interim order dated 31.07.2009, this Court directed the police authorities not to harass the petitioner or prevent her from attending Courts to defend herself in pending criminal cases. This Court however permitted the police authorities to deal with the petitioner strictly in accordance with law in connection with the criminal cases pending against her.

The Sub-Inspector of Police, Lalapeta Crime Police Station and Additional In-charge of Old Guntur Crime Police Station, Guntur District, filed a counter-affidavit stating that upon the complaint lodged by one Miryala Kanaka Durga against the petitioner alleging that she had committed theft, Crime No.598 of 2006 was registered on the file of Old Guntur Police Station, under Section 379 I.P.C. Upon completion of the investigation, the petitioner was stated to have been arrested and remanded to judicial custody. Charge sheet dated 15.03.2007 laid before the learned VI Additional Munsif Magistrate, Guntur, was taken on file in C.C.No.417 of 2007.

The Sub-Inspector further stated that a non-bailable warrant was issued against the petitioner by the learned VI Additional Munsif Magistrate, Guntur, but the petitioner was not found for execution thereof. He further stated that no record was available as to the representations dated 17.06.2009 or 01.07.2009 allegedly made by the petitioner. He concluded by stating that the police authorities never harassed the petitioner or made any illegal demands for showing false recoveries.

No reply-affidavit was filed rebutting the aforestated counteraffidavit averments.

In the light of the aforestated facts, this Court is of the opinion that the petitioner has not established any harassment by the police authorities warranting intervention by this Court. The writ petition is accordingly disposed of directing the police authorities to follow the due procedure laid down by law in the event there is any cause to interfere with the life and liberty of the petitioner. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ___________________________ SANJAY KUMAR, J Date:14.09.2015 GJ