Telangana High Court

WP/26933/2006 of Bangaru Aruna Kumar, Vs The Deputy Superintendent of Police, on 27 December 2006

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V.V.S.RAO WRIT PETITION No.26933 of 2006 Dated:27.12.2006 Between: Bangaru Aruna Kumar. …Petitioner and The Deputy Superintendent of Police, and others. …Respondent HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.26933 of 2006 ORDER: The petitioner is a resident of

HON’BLE SRI JUSTICE V.V.S.RAO

WRIT PETITION No.26933 of 2006

Dated:27.12.2006Between:Bangaru Aruna Kumar.…PetitionerandThe Deputy Superintendent of Police, and others.…RespondentHON’BLE SRI JUSTICE V.V.S.RAO

WRIT PETITION No.26933 of 2006

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ORDER:

The petitioner is a resident of Peddakakani Village and Mandal in Guntur District.He seeks a writ of mandamus declaring the action of the respondents in interferingwith his peaceful enjoyment of life as violative of Article 21 of the Constitution ofIndia.

It is the case of the petitioner that he was accused in Sessions Case No.26 of 1993under Section 307 read with Section 34 of the Indian Penal Code, 1860 (IPC), andSessions Case No.73 of 1997 under Section 302 of IPC and Section 5 of theExplosive Substances Act, 1908. He alleges that both these cases ended inacquittal, and in spite of the same, a rowdy sheet is opened against him. He allegesthat the respondents are regularly threatening him with dire consequences andsending Constables, which is causing interference to the right of the petitioner underArticle 21 of the Constitution of India.

The learned Government Pleader for Home after obtaining instructions from theInspector of Police, Guntur Rural Police Station, second respondent herein, submits that some of the residents of the Village lodged a complaint to the Superintendent ofPolice, Guntur, who endorsed the same to the third respondent, and even beforeenquiry is taken up on the complaint against the petitioner, the petitioner filed thepresent Writ Petition. Learned Government Pleader denies the allegation made bythe petitioner that the Constables are threatening the petitioner.

Therefore, this Court observes that this Writ Petition is filed on a mere apprehensionand unless and until the petitioner is required in connection with any cognizableoffence, the petitioner cannot be subjected to any investigation.

The Writ Petition, with the above observation, is accordingly dismissed. No costs.

27.12.2006

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(V.V.S.RAO, J)

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