WP/24870/2004 of Vailla Kumaraswamy, Vs The Superintendent of Police, on 30 December 2004

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 SRI JUSTICE L.NARASIMHA REDDY

WRIT PETITION NO : 24870 of 2004

Between:

1 Vailla Kumaraswamy, S/o. Sailu,

2 Vailla Chandramouli, S/o. Sailu,

3 Vailla Chandramma, W/o. Sailu,

(All the petitioners are R/o. 1-1-1057, Siddarthanagar, Kazipet, Warangal District.)

..... PETITIONERS

AND

1 The Superintendent of Police, Warangal.

2 The Sub-Divisional Police officer (D.S.P.) Hanumakonda, Warangal District.

3 The Circle Inspector of Police, Kazipet, Warangal District.

4 The Sub-Inspector of police, Kazipet Police Station, Warangal District.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleasedto issue a writ of mandamus declaring the action of respondents in calling thepetitioners to 4th respondent police station in civil disputes daily is arbitrary,illegal, violation of Article 21 of Constitution of India and without jurisdiction andconsequently direct the respondents not to call the petitioners to 4th respondentpolice station in civil disputes without registering any case.

Counsel for the Petitioner: MR.K.VENKATESWARLU

Counsel for the Respondents No.1 to 4: GP FOR HOME

The Court at the admission stage made the following ORDER:

Petitioners allege that the respondents, in particular the Station House Officerconcerned are requiring them to attend the police station indiscriminately andharassing them day-in and day-out. It is also alleged that no complaints havebeen filed against them, much less any case was registered. They seekappropriate directions for protection of their rights and liberty.

Heard learned counsel for the petitioners and learned Government Pleader forHome.

The police authorities are vested with the power as well as the duty to protectthe law & order in the society and to investigate into the complaints wheneverthey are received or as and when any crime is noticed by themselves. Anyaction against the citizen by the police can be on the basis of a complaintreceived against him and after registration of the case. There does not existany basis for indiscriminate interference with the rights and liberty of citizens,in the absence of any specific complaint or registered case. Such action wouldamount to infringement of the fundamental rights guaranteed under Article 21 ofthe Constitution of India. The petitioners allege that even in the absence of anycomplaint and case registered against them, they are being required by thepolice to attend the police station.

Hence, the writ petition is disposed of directing that the respondents shall notinsist on the petitioners to attend the police station or to interfere with theirrights, except where any specific complaint is received or any case isregistered against them. There shall be no order as to costs.

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30.12.2004

ksld

To

1 The Superintendent of Police, Warangal.

2 The Sub-Divisional Police officer (D.S.P.) Hanumakonda, Warangal District.

3 The Circle Inspector of Police, Kazipet, Warangal District.

4 The Sub-Inspector of police, Kazipet Police Station, Warangal District.

5 2 CCs to the G.P. for Home, High Court Buildings, Hyderabad.

(OUT).

6 2CD copies.