V. Murali Krishna v. The State Of Andhra Pradesh,
THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.32953 of 2015 ORDER:
This writ petition was filed with the following prayer: "For the reasons stated in the accompanying affidavit, the petitioner prays that the Hon'ble Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in calling the petitioner to Chandarlapadu Police Station, Krishna District, by interfering into civil disputes between the petitioner and the unofficial respondents 4 and 5 as illegal, arbitrary, in violation of principles of natural justice and in violation of Articles 14, 19(1)(g) and 21 of the Constitution of India and consequently direct respondent No.3 not to interfere with the petitioner's day-to-day life by calling the petitioner to Chandarlapadu Police Station, Krishna District, by forcing to sit in the station hours together, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
The Sub-Inspector of Police, Chandarlapadu Police Station, Krishna District, furnished written instructions dated 15.10.2015 to the office of the learned Government Pleader for Home stating that the fifth respondent lodged a complaint with Chandarlapadu Police Station alleging that she had been cheated by one Manda Elizabeth and her son, Manda Ramesh, and the petitioner herein was stated to be the mediator in the transaction between the parties. Basing on this complaint, the Station House Officer, Chandarlapadu Police Station, registered Crime No.88 of 2015 under Section 420 I.P.C. on 15.10.2015.
In the light of the afore-stated developments, the petitioner can have no legally redressable grievance as regards interference by the police with his life and liberty as he is shown as an accused in a crime and the police are bound by law to investigate the same and in that process, examine and interrogate him. Needless to state, they are bound to follow the procedure prescribed in this regard under the Code of Criminal Procedure, 1973.
Subject to the above observations, the writ petition is closed. It shall however be open to the petitioner to seek redressal of his grievance, if any, with regard to the
registration of the crime in accordance with law by way of independent proceedings. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.
____________________ JUSTICE SANJAY KUMAR 27th November, 2015 IBL