IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.10008 of 2005 Between: Sunkara Trading Pvt. Ltd., Flat No.2., Sri Shyam Enclave, D. No. 48-1025, Near RTC Complex Srinagar, Visakhapatnam rep by Managing Director K. Srinivas Rao s/o K.V. R. Patnaiak R/o 1-A, Kupli Apartmetns, 47-11-8, Dwarakangar, Visakhapatnam ..... PETITIONER AND 1 The State of A.P., rep by its Secretary, Department Home, Secrtariat Buildings, Hyderabad 2 The Commissioner of Police, Visakhapatnam 3 The Station House Officer, IV Town Police Station, (Law & ORder), Visakhapatnam .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mnadmaus declaring the actionof the respondnets in calling the petitioner company andin interfering with the Direct selling/network marketting conducted by the petitioner and in directing to close the business without atleast passing any order in Writing is all illegal, arbitrary, unconstitutional and against the judgements of the supreme Court of India, and consequently to direct the respondnets not to interfere with the business of the petitioenr and to pass such other further order or orders as deemed fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.K.SARVA BHOUMA RAO Counsel for the Respondent No.: GP FOR HOME The Court made the following: Form-NIC-OGS/WP{TRT} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.10008 of 2005 O R D E R: The petitioner seeks to issue a Writ of Mandamus declaring the action of the respondents in calling the petitioner to the police station and interfering with the direct selling/network marketing conducted by him and also insisting upon him to close down the business, as illegal and arbitrary. A counter affidavit has been filed on behalf of respondents, stating that the petitioner is running chit fund business and upon a complaint against the petitioner alleging that the petitioner cheated many customers, a case in Cr.No.7/2004 was registered under Sec.420 of IPC read with Secs.3, 4 and 5 of Prize Chits and Money Circulation (Buying) Act, 1978 on the file of the IV Town Crime Police Station, Visakhapatnam, in which the charge sheet was also filed, which was taken on file in C.C.No.246/2004. It is stated that except initiation of criminal proceedings basing on a complaint, the police never interfered with the business activities and the petitioner was not at all asked to close down the business and all other allegations made in the writ affidavit are denied. Having regard to the aforesaid denial of allegations of the writ affidavit, no further orders are required to be passed in the present writ petition. Accordingly, the Writ Petition is closed. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 01.05.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The State of A.P., rep by its Secretary, Department Home, Secrtariat Buildings, Hyderabad 2 The Commissioner of Police, Visakhapatnam 3 The Station House Officer, IV Town Police Station, (Law & ORder), Visakhapatnam 4.2CCs to 5.2CD copies