HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.37886 OF 2014 Date:09.12.2014 Between:
M. Mallikarjuna Rao .. Petitioner And The State of Andhra Pradesh, Rep., by the Principal Secretary, Home Department, Secretariat, Hyderabad and others .. Respondents HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.37886 OF 2014 ORDER:
This Writ Petition is clearly misconceived and is an abuse of the process of Court.
The same petitioner herein, using his name as Meejuru Malli @ Mallikarjuna Rao, has moved this Court in Crl.P.No.13645 of 2014 to quash F.I.R.No.89 of 2014. On 26.11.2014, though F.I.R. was not quashed, this Court directed the Station House Officer not to arrest the petitioner, who is A-1 in Crime No.89 of 2014, without following the procedure contemplated under Section 41A Cr.P.C., till completion of investigation or till filing of the report.
Hardly within 15 days of the said order, the present Writ Petition is filed only on the apprehension that Third Degree torture is likely to be inflicted on the petitioner. I find no basis for that apprehension nor there is any cause of action to entertain this Writ Petition.
In view of the same, the Writ Petition is dismissed. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
VILAS V. AFZULPURKAR, J
09.12.2014 KH