Disposed

Baviri Doctor Babu, v. The State of Andhra Pradesh

Andhra Pradesh HC7 Jul 2021WP/12879/2021

Case brief

AI extract

What is this about?

This order resolved a writ petition where petitioners complained of illegal police summoning without due process. The respondent agreed to issue notice under Section 41-A of Cr.P.C., leading to the closure of the petition without costs.

What did the court decide?

The Writ Petition was closed as the SHO agreed to follow due process and issue notice under Section 41-A of Cr.P.C. No costs.

Baviri Doctor Babu, Vs The State of Andhra… — Service and Employment | Andhra Pradesh HC (2021)

¶1

¶2

THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY Writ Petition No.12879 of 2021

¶3

ORDER :

¶4

The grievance of the petitioners in this Writ Petition is that the 4^th respondent Station House Officer, Jaggampeta Police Station, East Godavari District, has been frequently summoning the petitioners to the police station without following due process of law.

¶5

Therefore, the petitioners sought declaration that the said action on the part of the 4^th respondent in insisting them to attend the police station without following the due process of law is illegal and arbitrary and sought direction to the 4^th respondent to issue notice under Section 41-A of Cr.P.C. to the petitioners.

¶6

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home for official respondents 1 to 4. 4) The facts of the case disclose that the petitioners are accused in Crime No.86 of 2021 of Jaggampeta Police station, East Godavari District. The said case was registered against them for the offences punishable under Sections 498-A, 323 and 506 r/w.Sec.34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act.

¶7

In response to the submission made by the learned counsel for the petitioners that the 4^th respondent has been frequently summoning the petitioners to the police station in the above crime without following the due process of law and

¶8

¶9

interfering with their personal liberty, learned Assistant Government Pleader for Home, on instructions, would submit that the 4^th respondent Station House Officer, Jaggampeta Police Station, would follow the due process of law and would issue notice under Section 41-A of Cr.P.C. to the petitioners. 6) As the above crime was registered against the petitioners in Jaggampeta Police Station, it cannot be said that the 4^th respondent is not authorised to summon the petitioners to the police station in connection with the said crime. However, he has to follow the due process of law. 7) As it is stated by the learned Assistant Government Pleader for Home that the 4^th respondent Station House Officer, Jaggampeta Police Station, would issue notice under Section 41-A of Cr.P.C., recording the same, this Writ Petition is closed. No costs.

¶10

The miscellaneous petitions pending, if any, shall also stand closed.

¶11

________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date:07.07.2021. cs

Baviri Doctor Babu, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Baviri Doctor Babu, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Uppalapati Dhanunjayaju Vs State of Ap

Kuruva Pedda Eresh Vs State of Ap

Cheruku Devaiah, Vs The State of Andhra Pradesh

Lotheti Narasimha Rao, Vs The State of Andhra Pradesh

Bulla Venkateswarlu Vs the State of Ap

Kasi Viswanath Parchuri Vs The State of Andhra Pradesh