Kasnam Murthy Raju, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 10624 of 2016 ORDER:

The prayer of the petitioner in this case is as under: "...to issue an appropriate writ of mandamus declaring the action of the respondents particularity 3rd respondent herein calling to his office, interfering with life and liberty of the petitioner and threatening the petitioner to settle the cases between the petitioner's son and the 4th respondent herein and threatening the petitioner and his family members with severe consequences as illegal, arbitrary, unconstitutional and consequently direct the respondents particularly 3rd respondent not to harass the petitioner in any manner and not to call him to the police station, not to interfere with the life and liberty of the petitioner in any manner without following due process of law and be pleased to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and in the interest of the justice." 2.

The Sub-Inspector of Police, Ajit Singh Nagar Police Station, Vijayawada City, furnished written instructions dated 12.04.2016 to the office of the learned Government Pleader for Home wherein he stated that upon the complaint made by the fourth respondent, Crime No.9 of 2016 was registered under Sections 406 and 420 IPC r/w Section 76 of the Chief Funds Act, 1982. The son of the petitioner was shown as the accused therein. As the whereabouts of the petitioner's son were not known, the Sub-Inspector stated that the police had made a phone call to the petitioner. The SubInspector stated that except for this, the police authorities never threatened the petitioner to settle the matter as alleged by him. The petitioner's son, accused in Crime No.9 of 2016, was stated to have surrendered thereafter before the learned Chief Metropolitan Magistrate, Vijayawada, on 10.02.2016.

3.

In the light of the afore-stated facts, the Writ Petition is disposed of directing the respondent-police authorities not to interfere with the life and liberty of the petitioner, unless his examination/interrogation is warranted in connection with the investigation in Crime No.9 of 2016 and even if so they shall strictly follow the due procedure laid down by law. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ________________________________ JUSTICE SANJAY KUMAR April 25, 2016 Lmv