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2024 DIGILAW 802 (AP)

C H S V Reddappa Dhaveji, S/o. Venkata Chalam v. State Of Andhra Pradesh

2024-07-22

VENKATA JYOTHIRMAI PRATAPA

body2024
JUDGMENT : This petition is filed under Article 226 of the Constitution of India, seeking the following relief:- “…to issue Writ or order or direction more particularly in the nature of Writ of Mandamus questioning the illegal and arbitrary action of the 3rd respondent in summoning the petitioner to the police station and interfering with his life and liberty and without any manner of right ...” 2. Heard Sri K.Yeswanth, learned counsel representing learned counsel for the petitioner and Sri.K.M.Krishna Reddy, learned Government Pleader for Home. 3. Learned counsel for the petitioner would submit that the 3rd respondent summoning the petitioner to the police station interfering with his life and liberty without any manner of right. 4. Learned Government Pleader for Home, on written instructions, would submit that the case has been registered on 16.07.2024 vide Crime No.687 of 2024 for missing of M.P.D.O. During the course of investigation, the police visited the house of M.P.D.O and found a dairy wherein there is a reference of the petitioner, only for the purpose of enquiry the petitioner was called to the police station on 18.07.2024. 5. Written instructions are placed on record wherein at para 3 is as follows:- It is submitted that the factual aspect of the case is that, Mandava Mahidhar who is the son of M.Venkata Rama Rao lodged a complaint before the 3rd respondent police he stating that in his complaint his father M.Venkata Rama Rao who is working as MPDO of Narsapuram, West Godavari District came to their house at Kanuru by availing leave from 10.07.2024 to 20.07.2024 and he left the house at 11.00 a.m. on 15.07.2024 by saying that he is going on some work but did not turn up later and his mobile is not working. Basing on the complaint, the 3rd respondent police registered the case vide Crime No.687 of 2024 U/h Man Missing on 16.07.2024 on the file of Penamaluru Urban Police Station. During the course of investigation the 3rd respondent went to Venkata Rama Rao’s house and took a suicide note. He wrote in his note seriously worried since four months because C.H.S.V.Reddppa Dhaveji who is the contractor of ferry not paying the dues and are not even responding to the phone and notices. I am scheduled to retire on 31.03.2025. Basing on the suicide note, the 3rd respondent called the petitioner through phone call for enquiry on 18.07.2024. 6. He wrote in his note seriously worried since four months because C.H.S.V.Reddppa Dhaveji who is the contractor of ferry not paying the dues and are not even responding to the phone and notices. I am scheduled to retire on 31.03.2025. Basing on the suicide note, the 3rd respondent called the petitioner through phone call for enquiry on 18.07.2024. 6. Learned counsel for the petitioner would submit that the instructions would show the petitioner was called to the police station over a phone call, let the respondents follow the procedure according to law. 7. In the light of the submissions made, since the petitioner is called to the police station relating to Crime No.687 of 2024 for enquiry, the Writ Petition is disposed of and the police are directed to follow the procedure according to law. As a sequel, miscellaneous applications pending, if any, shall stand closed.