Research › Search › Judgment

Andhra High Court · body

2020 DIGILAW 577 (AP)

Vinodhala Eswaramma v. State Of Andhra Pradesh

2020-09-07

CHEEKATI MANAVENDRANATH ROY

body2020
JUDGMENT Cheekati Manavendranath Roy, J. - This petition is filed under Section 438 of the Code of Criminal Procedure, 1973, to enlarge the petitioners on bail in the event of their arrest by I Town Police of Hindupur, Anantapur District. 2. Heard learned counsel for the petitioners and the learned Additional Public Prosecutor. 3. Learned counsel for the petitioners would submit that no case was registered against these petitioners in the I Town Police Station of Hindupur. However, the Station House Officer of I Town Police Station, Hindupur, has been frequently summoning the petitioners to the Police Station and threatening them to implicate in a criminal case in relation to a land dispute, which is of civil nature. Therefore, he would contend that the petitioners are apprehending unnecessary arrest and harassment in the hands of police. So, he prayed for grant of anticipatory bail to the petitioners. 4. Learned Additional Public Prosecutor would submit, on instructions, that no case is registered against these petitioners in I Town Police Station of Hindupur, Anantapur District and they are not required in any case by the Police and he contends that the alleged apprehension of the petitioners that they may be arrested by the police is an imaginary apprehension and thereby prayed for dismissal of the petition. 5. In view of the language employed in Section 438 of Cr.P.C., only when an accusation is made against a particular person regarding commission of non-bailable offence, petition under Section 438 of Cr.P.C can be entertained. As per settled law, even if no crime is registered and no F.I.R is registered, still if any accusation is made against the petitioners before the concerned police regarding commission of non-bailable offence, the Court can entertain the petition on merits. However, as per the submissions made by the learned Additional Public Prosecutor on instructions, from the Station House Officer of I Town Police Station, Hindupur, no report at all is received against these petitioners regarding commission of any offence much less a non-bailable offence. Therefore, the alleged apprehension of the petitioners is only an imaginary apprehension. So, petition under Section 438 Cr.P.C is not maintainable. Therefore, the alleged apprehension of the petitioners is only an imaginary apprehension. So, petition under Section 438 Cr.P.C is not maintainable. If the grievance of the petitioners is that the police are unnecessarily summoning them to the Police Station and threatening them to implicate in a false case and thereby interfering with their personal liberty, their remedy lies elsewhere and they have to pursue the same as per law if they so intend. 6. Recording the above submission of learned Additional Public Prosecutor that no report is lodged against the petitioners herein regarding commission of any offence and that they are not required in any case in the said Police Station, this Criminal Petition is dismissed.