Telangana High Court

WP/27218/2007 of Eragandandla Yellaiah Vs The State of A.P., Rep. by Superintendent of Police, on 27 December 2007

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SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO :27218 of 2007 Dated 27th December, 2007 Between Erragandandla Yellaiah and anr …Petitioners and The State of AP, rep. By its Superintendent of Police, Nizamabad, Nizamabad District, and, ors …Respondents. THE HON'BLE MR JUSTICE R.SUBHASH

HON'BLE SRI JUSTICE R.SUBHASH REDDY

WRIT PETITION NO :27218 of 2007

Dated 27[th] December, 2007

BetweenErragandandla Yellaiah and anr

…Petitioners

and

The State of AP, rep. By its Superintendent of Police,Nizamabad, Nizamabad District, and, ors …Respondents.

THE HON'BLE MR JUSTICE R.SUBHASH REDDYWRIT PETITION NO :27218 of 2007

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ORDER:

In this Writ Petition, the petitioners seek declaration by way ofWrit of Mandamus that the action of the respondents in harassing andtorturing the petitioners by using third degree methods, under the guiseof investigation, is illegal and arbitrary.

Pursuant to a complaint filed by Sri. Amdyala Ratnaiah and hisBrother, Sri Amdyala Laxmaiah before the third respondent-Police on25-10-2007 complaining that their younger sister, by name, Smt. KalluBhagya is found missing from the village about five months back, and,mentioning the names of the petitioners as suspects for kidnappingand killing her, a case in crime No. 67/2007 was registered under the head of ‘Woman Missing’. It is the grievance of the petitioners thatthough they are not involved in the said offence, but, on the complaintof the said complainants, the respondents are harassing them by usingthird degree methods under the guise of investigation.

Counter affidavit is filed by the third respondent-Station HouseOfficer, Nagireddipet Police Station, Nagireddypet, NizamabadDistrict. It is stated in the counter affidavit that on the complaint filed bythe above said complainants and pursuant to the registration of crime,seven witnesses were examined and their statements were recordedunder Section 161 Cr.P.C. It is stated that the witnesses corroboratedthe facts stated in the FIR. It is further stated that there is ampleevidence collected during the course of investigation that the missingwoman was taken away by the petitioners herein and for the purposeof investigation, a notice under Section 160 Cr.P.C. was issued to thepetitioners requesting them to come to the police station to cooperatewith the investigation. But, however, the petitioners did not turn up andthey filed this Writ Petition.

Thought it is stated by the petitioners that they are not involved inthe offence, but, however, the same is a matter of investigation by thethird respondent. When investigation is in progress, the plea of thepetitioners that they are not involved in the offence cannot beaccepted. As much as it is stated that the petitioners are called to thepolice station by issuing notice under Section 160 Cr.P.C. pursuant tothe registration of Crime No.67/2007 and in absence of any othermaterial to show that the police are using third degree methods againstthe petitioners under the guise of investigation, no direction can begranted as prayed for in this Writ Petition.

The Writ Petition is devoid of merits and is accordinglydismissed. No order as to costs.

DATE: 27-12-2007.Msnr.

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JUSTICE R. SUBHASH REDDY

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