Telangana High Court
WP/34570/2011 of Nagireddy Venkateswara Rao Vs State of Andhra pradesh on 29 December 2011
SRI JUSTICE NOUSHAD ALI WRIT PETITION No.34570 of 2011 Date: 29.12.2011 Between: Nagireddy Venkateswara Rao and others. … Petitioners and State of Andhra Pradesh, Rep. by its Principal Secretary to Home Department, Secretariat, Hyderabad and others. … Respondents THE
Date: 29.12.2011
Between:
Nagireddy Venkateswara Rao and others.
… Petitioners
and
State of Andhra Pradesh,
Rep. by its Principal Secretary toHome Department, Secretariat,Hyderabad and others.
…
Respondents
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ORDER :
Heard Sri Naram Nageswara Rao, learned counselappearing for the petitioners, as well as the learned GovernmentPleader for Home appearing for respondent Nos.1 to 3.
2. This writ petition is filed without there being any cause ofaction.
3. The petitioners claim that the 1[st] petitioner is a Founderand Convener of Anti-Corruption Fighting Committee and an activeTelugu Desam Party worker. They allege that the 4[th] respondent,who belongs to the Ruling Congress Party, during his tenure asChairman of Zilla Parishad, has committed several irregularities, including the acts of misappropriation of funds and the 1[st]petitioner exposed his activities to the public. The 4[th] respondent,therefore, bore grudge against the 1[st] petitioner and he is indirectlyencouraging his followers to foist false criminal cases against the1[st] petitioner and other petitioners, who are his family members.The petitioners allege that several crimes are registered againstthem at the instance of the followers of the 4[th] respondent and heis pressurizing respondent Nos.1 to 3 to open rowdy sheetsagainst them.
4. On the aforesaid allegations, the petitioners have filedthis writ petition seeking a WritofMandamus to declare the actionof respondent Nos.1 to 3 in attempting to register criminal casesand to open rowdy sheets against them, as arbitrary and illegal.
5. Admittedly, so far no rowdy sheet has been openedagainst the petitioners. The petitioners do not dispute that thereare some F.I.Rs. registered against them and in one case chargesheet has been filed for the offence under Sections 448, 376 readwith 511, 307, 506 (2) read with 34 of I.P.C. in Crime No.129 of2010 of Razole Police Station. The question whether thepetitioners are falsely implicated in the cases and whether it isrequired to open rowdy sheets against them are the matters, whichare to be considered by the authorities concerned.
6. In the admitted fact situation that so far no such actionhas been taken against the petitioners, this writ petition, which hasbeen filed on mere apprehension, cannot be entertained.
7. For the aforesaid reasons, this writ petition is notmaintainable and it is accordingly dismissed. No order as to costs.
8. In view of disposal of the writ petition, W.P.M.P.No.43010of 2011 is dismissed as unnecessary.
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JUSTICE NOUSHAD ALI
29.12.2011.Msr
29.12.2011 (Msr)