Writ petition challenging investigation and seeking direction not to arrest presenter was disposed of. Court declined interference with investigation but directed completion thereof without arrest.
Directing respondents to complete investigation without arresting petitioner and direct petitioner to cooperate with investigation.
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 HONOURABLE SRI JUSTICE RAJA ELANGO
WRIT PETITION No.37473 of 2016
ORDER:
This writ petition is filed by the petitioner under Article 226 of the Constitution of India seeking to declare the action of the respondents 3 & 4 in registering Crime No.226 of 2016 against the petitioner and harassing him, as illegal and arbitrary and consequently, direct the respondents 3 & 4 not to arrest the petitioner.
Heard and perused the material available on record.
It is stated in the affidavit that the petitioner is running business in Car A/ C in Shop No.46 in Indira Gandhi Stadium Complex, Vijayawada and that the husband of the 5th respondent also involved in the same business in the neighbouring shop of the petitioner. The allegation against the petitioner is that he threatened the 5th respondent and her husband to close down their business otherwise he will kill them since he has a licensed gun. Therefore, they filed a private complaint against the petitioners.
The petitioner filed this writ petition challenging the investigation in the above crime. This Court is not inclined to interfere with the investigation. However, taking into consideration the facts and circumstances of the case and the case and counter cases, this Court is of the view that the investigation can be completed without arresting the petitioner.
Accordingly, respondents Nos.2 to 4 are directed to complete the investigation and file a final report in the above Crime, in accordance with law in either way, without arresting the petitioner. The petitioner
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is also directed to appear before the investigating officer concerned, as and when required and cooperate with the investigation.
With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
______________ RAJA ELANGO, J
November 02, 2016. KTL
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3 issues framed by the court
Whether the Court can interfere with investigation despite prima facie having no inclination to do so.
Whether investigation can be completed without arresting the petitioner under facts and circumstances.
Whether the petitioner should be directed to cooperate with investigation despite no arrest.
1 provisions across 1 enactments
Petitioner
Respondents 2 to 4
5th Respondent and her husband
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
