Telangana High Court
WP/24373/2004 of Tellapti Adinarayana, Vs The Government of Andhra Pradesh, on 31 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 24373 of 2004 Between: 1 Tellapti Adinarayana, S/o. Tellapati Nagaiah, R/o.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE L.NARASIMHA REDDY
WRIT PETITION NO : 24373 of 2004
Between:
1 Tellapti Adinarayana, S/o. Tellapati Nagaiah, R/o. Chalamareddy Palli Village, Cuddapah Mandal & District.
2 Tellapati Dhanujaya, S/o. Adinarayana, R/o. Chalamareddy Palli Village, Cuddapah Mandal & District.
AND
..... PETITIONERS
1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Department of Home, Secretariat, Hyderabad.
2 The Superintendent of Police, Cuddapah, Cuddapah District.
3 The Deputy Superintendent of Police, Cuddapah, Cuddapah District.
.....RESPONDENTS
Petition filed under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue an appropriate Writ, order or direction more particularly one in the nature ofWrit of Mandamus declaring the action of the 3rd respondent in interfering with thepetitioners private life and property at the instance of the third parties as highlyarbitrary, illegal, highhanded and violative of the fundamental rights guaranteed tothe petitioners under Articles 14, 19 (1)(g) and 21 of the Constitution of India andconsequently direct the 3rd respondent not to interfere with the petitioners private lifeand property and pass such other order or orders Counsel for the Petitioner:MR.V.R.REDDY KOVVURI
Counsel for the Respondent No.: GP FOR HOME
The Court at the stage of admission made the following :
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ORDER:
The petitioners allege that the respondent No. 3 is calling them to the policestation and interfering with their rights, at the instance of 3[rd] parties, without therebeing any specific complaint and without registering any case. They seekappropriate directions to the respondents not to harass them, or otherwise interferewith their rights.
Heard learned counsel for the petitioners and learned Government Pleaderfor Home.
The police are vested with the power to investigate into any complaintsreceived by them and to take further steps after registering the case. Under nocircumstances, they can undertake resolution of civil disputes. In the absence of anyspecific complaint and without registration of any case, they cannot indiscriminatelyrequire an individual to attend the police station.
Hence, the writ petition is disposed of, directing that the 3[rd] respondent shallnot require the petitioners to attend the police station, or otherwise interfere with theirrights, except where a specific complaint is received and a case is registered underthe relevant provisions of law. There shall be no order as to costs.
________________________
L. NARASIMHA REDDY, J.
Dt.30-12-2004
To
1 The Principal Secretary, Government of Andhra Pradesh, Department of Home, Secretariat, Hyderabad.
2 The Superintendent of Police, Cuddapah, Cuddapah District.
3 The Deputy Superintendent of Police, Cuddapah, Cuddapah District.
4 Two C.Cs. to the Government Pleader for Home, High Court buildings, Hyderabad (OUT)
5 Two C.D.copies