Sri Arvindakshan Nair, v. The Commissioner Of Police,

THE HONOURABLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.26700 of 2013 ORDER:

There is no representation on behalf of the petitioners. 2.

The prayer sought in the writ petition is as under:- "...to issue a Writ, Order or Direction in the nature of Mandamus or otherwise declaring the action of the Second Respondent in interfering in a civil dispute between the petitioners and the 3rd respondent, calling the Petitioners to the Task Force North Zone Police Station unnecessarily and without any cause every day and detaining them at the Station for hours together is bad, illegal, colourable exercise of power, arbitrary, violation of fundamental rights and consequently declare the same as ultra vires the powers of the 2nd Respondent and be pleased to pass..."

3.

The 2nd respondent filed a counter-affidavit denying the allegations made in the affidavit filed in support of the writ petition and contended inter alia that the 3rd respondent herein lodged a complaint with Mahankali Police Station, Hyderabad. Pursuant to the said complaint, a case in Crime No.149 of 2013 under Sections 406, 420, 447 and 506 IPC was registered on 14.08.2013 against the petitioners and investigation was taken up. The 3rd respondent also marked a copy of the said complaint to the Deputy Commissioner of Police, Task Force, North Zone, Hyderabad. The said complaint was forwarded to the 2nd respondent for enquiry. In that connection, Crime No.149 of 2019 was registered. When the respondent

summoned the petitioners to the police station in connection with the above said crime, the petitioners did not cooperate with the investigation. Except summoning the petitioners to know the veracity of the complaint lodged by the 3rd respondent, the respondent police never harassed the petitioners nor summoned them every day to the Police Station. The present writ petition is filed only to threaten the respondent police indirectly with an intention to divert the attention of the investigating agency from conducting the investigation in a proper and fair manner. The 2nd respondent never interfered with the civil disputes between the petitioners and the 3rd respondent. 4.

In view of the said statements made in the counter-affidavit, this Court is of the opinion that there are no merits in the writ petition and the same is liable to be dismissed.

5.

Accordingly, the writ petition is dismissed.

Miscellaneous petitions pending, if any, shall stand dismissed. No costs.

___________________ P. KESHAVA RAO, J 8th November 2019 mar