This writ petition challenged police summoning and alleged harassment regarding a civil dispute. The court rejected the claim of illegal summoning as a case for harassment under Section 498-A IPC was registered and directed the IO to follow Section 41A Cr.P.C.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No.23830 of 2022
ORDER:-
This Writ Petition for mandamus is filed to declare the action of respondent 3 - Sub Inspector of Police, Bapatla Rural Police Station, Bapatla District, in calling the petitioner to the Bapatla Rural Police Station without following the due process of law and without there being any crime registered against him as illegal, arbitrary and consequently sought direction to respondents 1 and 2 to restrain the respondent 3 from harassing the petitioner to agree settlement of financial disputes with respondents 4 and 5.
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home.
Learned Assistant Government Pleader for Home, on written instructions, would submit that the respondent 4 is the wife of the petitioner and she has lodged a report with the respondent 3 – Station House Officer of Bapatla Rural Police Station alleging that the petitioner has been harassing her and subjecting her to cruelty with illegal demands and the said report was registered as a case in Crime No.134 of 2022 against the petitioner for the offences punishable under Section 498-A of I.P.C. and that the same is being investigated. He would submit that the allegation that the respondent - police officials are illegally summoning the petitioner to the police station and harassing him to agree for settlement of the civil dispute is absolutely false.
Learned Assistant Government Pleader for Home has also placed on record the written instructions received by him from the
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respondent 3 to that affect along with the copy of the F.I.R. registered against the petitioner in the above crime.
Therefore, in the facts and circumstances of the case, it cannot be said that the respondents police officials have been illegally summoning the petitioner to the police station without following the due process of law and without there being any crime registered against him.
Resultantly, recording the aforesaid submissions made by learned Assistant Government Pleader for Home on instructions, the Writ Petition is closed. However, the law has to take its own course with regard to the crime that was registered against the petitioner.
As the offences registered against the petitioner are all punishable with less than seven (07) years period of imprisonment, the Investigation Officer is directed to follow the procedure contemplated under Section 41A Cr.P.C.
Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.
______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY
Date: 10.08.2022 ASH
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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.23830 of 2022
Date: 10-08-2022
ASH
2 issues framed by the court
Whether the summoning of the petitioner by police without a registered crime was illegal and arbitrary.
Whether the petitioners should be restrained from forcing the petitioner to agree to settlement of financial disputes.
Petitioner
Sub Inspector of Police, Bapatla Rural Police Station
Respondent 4
Police Officials
CHEEKATI MANAVENDRANATH ROY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
