HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.36 of 2010 Date: July 01, 2014 Between:
1. Sanapala Appala Raju & 5 others.
… Petitioners And
1. The Station House Officer, V Town L & O P.S., Kancharapalem, Visakhapatnam & 2 others.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.36 of 2010 O R D E R:
Heard learned counsel for the petitioners and learned Assistant Government Pleader for the respondents.
2. The first petitioner states that he constructed a building in the name of “Bangaramma Residency” in the joint site belonging to him and his brothers, petitioners 2 to 6, situated in Survey No.41, Madhavadhara, Visakhapatnam, in accordance with the building permission dated 18.12.2002. After retaining some flats by the petitioners, they sold other flats to outsiders, including the 3rd respondent. While so, the 3rd respondent started demanding other facilities other than what he is entitled to. When the petitioners refused to comply with the same, he stated that he is having influence with the police and he would implicate them in criminal cases. The 3rd respondent gathered the support of some other flat owners and filed a false report on 20.12.2009 stating that the first petitioner’s brother beat him and others on 18.12.2009 at 70 clock and abused the female members with regard to dispute of repairing motor in the flats. The report was given against petitioners 2 to 6, who were the brothers of the first petitioner. They surrendered before III Metropolitan Magistrate, Visakhapatnam, and obtained bail in Crime No.728 of 2009 for the alleged offences under Sections 506, 509 and 323 IPC. Even after booking the said criminal case, the first respondent has been calling the petitioners to the police station and demanding them to comply with the demands made by the 3rd respondent. In those circumstances, the present writ petition was filed.
3. This Court, by order dated 06.01.2010, directed respondents 1 and 2 not to interfere with the personal life and liberty of the petitioners without following due process of law.
4. The learned Assistant Government Pleader on instructions states that a case in Crime No.728 of 2009 was registered under Sections 509, 506 and 323 read with 34 IPC and the same was investigated. During the course of investigation, A-1, A-2 and A-4 surrendered before III Metropolitan Magistrate, Visakhapatnam, and later on they were released on bail. The 3rd accused was absconding. The first respondent further states that he never insisted the surrendered accused to attend the police station and the first petitioner herein is no way concerned with the case and he was never called to the police station.
5. In view of the statement made by the first respondent in the remarks submitted to the learned Assistant Government Pleader, respondents 1 and 2 are directed not to interfere with the personal life and liberty of the petitioners without following due process of law as was ordered by this Court on 06.01.2010.
6. With the above observation, the writ petition is disposed of. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: July 01, 2014 BSB HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.36 of 2010 Date: July 01, 2014 BSB