HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1274 of 2014 DATE: 14.10.2014 Between:
Surampudi Sri Harsha … Appellant And The Deputy Inspector General of Police, Eluru, West Godavari District & others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1274 of 2014 JUDGMENT: (Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is preferred against the order dated 12.09.2014 passed by the learned Single Judge, whereby His Lordship was pleased to ask the police not to execute the warrant of arrest issued against the 4th respondent and further the writ petitioner has been advised to take out proceedings under Section 25 of the Consumer Protection Act, 1986.
We are of the view that either the learned Single Judge will grant an interim relief as prayed for or not. Under any circumstances, impugned order ought not to have been passed. Moreover, no advice should be given by the Court as to what proceedings should be taken out by the litigant. We therefore set aside the impugned order and request the Hon’ble First Court to decide the matter at an early date.
The writ appeal is accordingly allowed.
Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J
Date: 14.10.2014 ES