Telangana High Court
WP/24804/2004 of Devarapalli Ramaiah, Vs The Station House Officer, on 30 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 SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 24804 of 2004 Between: 1 Devarapalli Ramaiah, s/o Sampathaiah, r/o Devarapalli
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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 REDDYWRIT PETITION NO : 24804 of 2004
Between:
1 Devarapalli Ramaiah, s/o Sampathaiah, r/o Devarapalli village, Thyotlavalleru Mandal, Krishna District. r/o Devarapalli village, Thyotlavalleru Mandal, Krishna District.
2 Smt. Devarapalli Sambrajyam, W/o Purushotham, r/o Devarapalli village, Thyotlavalleru Mandal, Krishna District. r/o Devarapalli village, Thyotlavalleru Mandal, Krishna District.
..... PETITIONERS
AND
1 The Station House Officer, Thyotlavalleru Police Station, Thyotlavalleru Mandal, Krishna District. Thyotlavalleru Mandal, Krishna District.
2 The Mandal Revenue Officer, Thyotlavalleru Mandal, Krishna District.
3 K. Durga Prasada Rao, S/o Venkataratnam R/o 20-16-5, Chintavari Street, Arandalpeta, Vijayawada-2.
4 Sajja Koteswar Rao, S/o Subba Rao,
Plot No.2, 1st Floor, Dharsi Apartments, Near Sai Baba Temple, R.T.C. Colony, Vijayawada-10.
.....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 order or direction more particularly one in the nature of Writ ofMandamus, declaring the action of the Respondent No.1 in harassing thepetitioners and other members by booking false criminal cases against thepetitioners and others as illegal, arbitrary unconstitutional opposed to Art. 14,21 and contrary to the principles of natural justice consequently to direct the respondent No.1 not to harass the petitioners.
Counsel for the Petitioner:Smt.A.VARALAKSHMICounsel for the Respondents 1and 2: GP FOR HOME
The Court at the stage of admission made the following ORDER:
Petitioners seek a declaration that the action of the first respondent, viz. theStation House Officer, Thyotlavalleru police station in harassing them and othermembers by registering criminal cases, as illegal, arbitrary andunconstitutional.
Heard learned counsel for the petitioners and learned Government Pleader forHome.
The allegation of the petitioners is that the first respondent is indiscriminatelyregistering cases against them and subjecting them to harassment. It is nottheir allegation that the first respondent has required them to attend the policestation and arrested them without registering any cases. The truth or otherwiseof the allegations against the petitioners can be decided only by the criminalCourt in which the matters are pending. As long as the action taken by the firstrespondent is in pursuance of the complaints and after registering the cases,this Court cannot find any exception to the same.
Hence, the writ petition is dismissed leaving it open to the petitioners to putforward their contentions before the Court trying the cases registered againstthem. There shall be no order as to costs.
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ksld
To
1 The Station House Officer, Thyotlavalleru Police Station, Thyotlavalleru Mandal, Krishna District. Thyotlavalleru Mandal, Krishna District.
2 The Mandal Revenue Officer, Thyotlavalleru Mandal, Krishna District.
3 Two CCs. to the G.P. for Home, High Court of A.P., Hyderabad (OUT).
4 Two CD copies.