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High Court for State of TelanganaWP/35209/2016disposed of no costs

Bhupathiraju Satyanarayana Raju, v. State Of Andhra Pradesh, Rep. By Its Principal Secretary

2016-10-19Raja Elango2 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.35209 of 2016 ORDER:

The writ petition is filed by the petitioners seeking a writ of mandamus declaring the action of the respondents 3 and 4 in sending constables repeatedly to the house and work place of the petitioners in connection with crime No.174 of 2016 and insisting them to produce first accused in the said crime as illegal and arbitrary, and consequently to direct the respondents 3 and 4 not to interfere with the personal life and liberty of the petitioners without following due process of law.

Heard and perused the material.

Learned counsel for the petitioners submits that the respondents 3 and 4 are interfering with the affairs of the petitioners and also they are calling the petitioners to the police station and they are sending the police constables to the house and work place of the petitioners and they are insisting the petitioners to produce the first accused in crime No.174 of 2016 and as such, seeks a direction to the respondents 3 and 4 not to send the police force to the petitioners and also not to call the petitioners to the police station.

Learned Assistant Government Pleader for Home (Andhra Pradesh) submits that the respondents 3 and 4 are not sending the police constables to the house and work place of the petitioners and they are not interfering with the affairs of the petitioners.

Considering the rival submissions, respondents 3 and 4 are directed not to interfere with the affairs of the petitioners in the name of investigation and also directed not to send the police constables to the house and work place of the petitioners. But, at the same time, respondents 3 and 4 are at liberty to investigate the matter in accordance with the procedure established by the Code of Criminal Procedure.

The writ petition is accordingly disposed of. Consequently, miscellaneous petitions, if any shall also stand disposed of. _____________________ JUSTICE RAJA ELANGO 19.10.2016 pln