N.Srinivasulu v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITON No. 39086 of 2018 O R D E R:

When the matter is taken up, the written instructions dated 05.11.2018 furnished by the Station House officer, II town Police Station, Kurnool, are placed on record by the learned Government Pleader. The said instructions, read as under: "It is submitted that, the petitioner is not wanted in connection with any pending crimes of II Town PS, Kunrool as of now. The unofficial Respondent Nos.4 and 5 have also not given any complaint against the petitioner herein with II Town PS, Kurnool till the date. Hence, the question of Police calling the petitioner to the police station at the behest of the unofficial respondent Nos.4 and 5 herein does not arise, and the II town Police, Kurnool have not called the petitioner herein to the police station and not threatened him to pay amounts to the unofficial respondent Nos.

4 and 5 herein as alleged in the Affidavit. In reply to Para-5 of the affidavit, it is denied that the unofficial respondent Nos.4 and 5 have influenced the 3rd respondent and at their behest, the 3rd respondent called the petitioner to the Police Station on 22.10.2018 and threatened him to pay the amount to the 5th respondent, otherwise he would be implicated in false criminal cases. In reply to para-6 of the affidavit, it is submitted that, as stated above, the 3rd respondent Police are not interfering in civil disputes much less between the petitioner and the unofficial respondent Nos.4 and 5 herein. It is denied that the 3rd respondent is misusing his official power. It is also denied that the 3rd respondent is sending police constables frequently to the petitioner's residence.

It is submitted that, all the allegations made in the affidavit against the 3rd respondent are false, baseless and hereby denied. There is no iota of truth in the said allegations. The said allegations have been made only for the purpose of the writ petition. It is submitted that, if the unofficial respondents herein gives a report against the petitioner herein, appropriate action will be taken on the same, in accordance with law. It is submitted that there are no merits in the Writ Petition and it is liable to be dismissed."

AVSS, J WP_39086_2018 22.11.2018 Having regard to the facts and circumstances of the case and basing on the above written instructions, this Court deems it appropriate to dispose of the writ petition directing respondent authorities to follow due process of law. No costs.

Miscellaneous Petitions, if any, pending in this writ Petition shall stand closed.

_________________ A.V.SESHA SAI, J 22ND November, 2018 Mjl/*