Padigala Sumanth, v. State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.3033 of 2016 ORDER:

The prayer of the petitioner in this case is as under: "For the reasons stated in the accompanying affidavit the petitioner prays that this Hon'ble Court may be pleased to issue a writ, order or direction more particularly in the nature of writ of mandamus declaring the action of respondent Nos.3and 4 in repeatedly insisting the petitioner and his family members to appear before their authority and pay money to settle the claim of 5th respondent as illegal, irregular, irrational, and without any authority and violative of Articles 14 and 21 of Constitution of India and consequently direct the respondent Nos.

3 and 4 to return the Blank White Papers, Blank Cheques, Blank Promissory Notes, Blank Non-Judicial Stamp Papers on which the petitioner signatures and that of his family members were obtained forcibly, without delivering the same to the 5th respondent and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case." The Assistant Sub-Inspector of Police, Karamchedu Police Station, Prakasam District, filed a counter-affidavit stating that the 5th respondent lodged a complaint against the petitioner in February, 2016, and on the basis thereof, Crime No.7 of 2016 was registered on the file of Karamchedu Police Station under Section 420 I.P.C. Investigation was stated to be pending for want of certain witnesses and some material evidence.

The Assistant Sub-Inspector of Police stated that after completion of the investigation, the police authorities would file a final report before the competent criminal Court in accordance with law. The allegation of the petitioner that the police authorities obtained his signatures and the signatures of his family members was denied.

In the light of the afore-stated unrebutted averments in the counter-affidavit, the petitioner can have no grievance with regard to the interference by police authorities with his life and liberty in the course of investigation in the crime registered against him. Needless to state, such investigation shall be strictly in accordance with the due procedure prescribed by law.

Subject to the above observation, no further orders are required

to be passed in the present writ petition.

Sri Naresh Kumar, learned counsel representing Sri Namavarapu Chanti Babu, learned counsel for the petitioner, is also agreeable to disposal of the case on these lines. The writ petition is accordingly closed.

Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

____________________ JUSTICE SANJAY KUMAR Date:09.03.2016 GJ