HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 25696 OF 2008 DATED 26th November, 2014.
BETWEEN Gara Raju ….Petitioner And The Sub Inspector of Police, Payakaraopeta Police Station, Payakaraopeta, Visakhapatnam District and anr …Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 25696 of 2008
ORDER:
Though learned Counsel for the petitioner, Mr. E.V.Bhagiratha Rao expired, this case is being disposed of based on the affidavit of the petitioner and material available on record.
Heard learned Government Pleader appearing for the respondents.
This Writ Petition was filed challenging action of respondents in summoning the petitioner to police station without registering any crime so far on the report lodged by one Miss. Allu Rajeswari of Payakaraopeta town and Mandal, Visakhapatnam District.
This Court by order dated 25.11.2008 directed the respondents not to harass the petitioner by summoning him to police station without following the due process of law.
The first respondent filed a counter affidavit stating that one Kum. Allu Rajeswari lodged a complaint against the petitioner stating that the petitioner developed intimacy with her for over nine years and promised her to marry and subsequently he did not marry her; and that when she approached the petitioner, he threatened her and was trying to marry another girl. It is stated that when a case was about to be registered against the petitioner pursuant to the said complaint, the complainant approached the official respondents and requested not to register any case on her complaint against the petitioner and further requested to settle the matter amicably. Thereafter the complainant and her father gave a written statement to the police requesting not to register any case against the petitioner and therefore as of now no case was registered against the petitioner. It is stated that the respondents are not harassing the petitioner and as no case was registered against him, question of summoning him to the police station does not arise. It is further stated that the interim direction of this Court dated 25.11.2008 is being strictly followed and implemented.
In view of the aforesaid categorical averments by the first respondent in the counter affidavit, no further orders are required to be passed in the Writ Petition.
The Writ Petition is accordingly disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 26th November, 2014.
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