M.Khaja Moddin v. The State Of Andhra Pradesh

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.45974 of 2016 ORDER:

The present writ petition is filed by the petitioner seeking to declare the action of the respondents 4 to 6 in calling the petitioner to the Yemmiganur Police Station, Kurnool District, in connection with Crime Nos.152 and 156 of 2016 and also to the Nandanavaram Police Station, Kurnool District, in connection with Crime No.117 of 2016, as illegal and arbitrary and consequently, direct the respondents to forbear from proceeding against the petitioner.

Heard and perused the material available on record. Basing on the complaint lodged by the respondents 7 and 8 against some Fair Price Shop dealers, whose names were sent through mail by the Deputy Director of Civil Supplies, the above crime are registered alleging that they involved in tampering the electronic machines and indulged in un-authenticated drawls of essential commodities.

The case of the petitioner is that he is not involved in any of the above said crimes and though his name is not mentioned in the list sent by the Deputy Director of Civil Supplies, the police are calling him to the police stations and harassing him.

The learned Assistant Government Pleader submitted that on the basis of the complaint, a case was registered against some of the Fair Price Shop dealers, and the police concerned are investigating into the matter in accordance with law.

The petitioner filed this writ petition challenging the investigation in the above crimes. Even though this Court is not inclined to interfere with the investigation in the above crimes, taking into consideration the circumstances of the case, and the grievance of the petitioner, this Court is of the view that the above crimes can be investigated into, without arresting the petitioner.

Accordingly, the respondents 2 to 6 are directed to complete the investigation and file a final report in the above Crimes in either way, in accordance with law, without arresting the petitioner. The petitioner is also directed to appear before the investigating officers concerned and execute a personal bond for a sum of Rs.10,000/ - (Rupees ten thousand only) with one surety for the like sum in each case, for his future appearance before the investigating officers concerned, as and when required for the purpose of investigation.

Accordingly, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J December 28, 2016.

KTL