Andhra Pradesh High Court

WRIT PETITION 41590 of 2015 on 12 December 2015

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APHC010107662015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3310](Special Original Jurisdiction)

TUESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE DR JUSTICE K MANMADHA RAO

WRIT PETITION NO: 41590/2015

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1. K.CHALAPATHI, S/O. K.RAMAPPA, AGED ABOUT 40 YEARS, OCC: AGRICULTURE, R/O. PACHARUMAKUPALLI VILLAGE, SINGA SAMUDRAM POST, CHITTOOR DISTRICT. YEARS, OCC: AGRICULTURE, R/O. PACHARUMAKUPALLI VILLAGE, SINGA SAMUDRAM POST, CHITTOOR DISTRICT.

...PETITIONER

AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS --PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, HYDEABAD. SECRETARIAT BUILDINGS, HYDEABAD.

2. THE SUPERINTENDENT OF POLICE CHITTOOR CHITTOOR DISTRICT, - DISTRICT, -

3. THE DEPUTY SUPERINTENDENT OF POLICE, PALAMANERU, CHITTOOR DISTRICT. PALAMANERU, CHITTOOR DISTRICT. 4. THE SUB INSPECTOR OF POLICE, RAMAKUPPAM, CHITTOORDISTRICT. CHITTOORDISTRICT.

...RESPONDENT(S)

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus to declaring the action of the 4th respondent in calling the petitioner sister in law to the police station without tehre being any crime register against her is illegal, arbitrary and violation of principles of natural justice and personal liberty and consequently direct the 4th respondent not to call the petitioner's sister in law to the police station forthwith.

Counsel for the Petitioner:

1. K SRINIVAS

Counsel for the Respondent(S):

1. GP FOR HOME (AP)

2. 15516/GP FOR HOME (AP)

The Court made the following order:

Heard Sri Sarath Kumar, learned counsel representing Sri K.Srinivas, learned counsel for the petitioner and learned Assistant Government Pleader for Home.

2. Learned Assistant Government Pleader for Home, while reiterating the averments made in the counter affidavit, submits that a case in Crime No.59 of 2015 was registered under Sections 323, 376 read with Section 511 IPC against the husband of the sister in law of the petitioner. While investigating the matter, on 12.12.2015 the Police went to the house of the sister-in-law of the petitioner to cause enquiries about her husband, who is absconding since the date of commissioner of offence and she stated that she is not aware of his whereabouts and she was asked to inform the police, as and when her husband returns home. Thereafter, the police did not visit her residence. Sister in law of the petitioner is not an accused and as such there is no necessity to call her to the police station.

3. Recording the submissions made by the learned Assistant Government Pleader for Home and as the cause in the writ petition does not survive, the Writ Petition is closed. No order as to costs.

As a sequel, interlocutory applications, if any pending, shall stands closed.

Date : 12.03.2024

_____________________

DR. K.MANMADHA RAO, J.

SPP

THE HONOURABLE DR JUSTICE K MANMADHA RAO

WRIT PETITION NO: 41590 OF 2016

Date : 12.03.2024

SPP

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