HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.30718 of 2011 Dated:08.12.2011 Between: Smt.Adari Sujatha Lakshmi .. Petitioner And The Superintendent of Police, Vizianagaram District and another .. Respondents HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.30718 of 2011 O R D E R: Heard learned counsel for the petitioner and learned Government Pleader for Home representing the respondents. The petitioner’s basic grievance is that she and her husband are being harassed by second respondent without following due process of law and that demands are made against them to produce the aluminium utensils and rings. Similar other allegation of demanding money is also made. The Sub Inspector of Police filed the counter affidavit wherein it is stated that on the complaint of one Mr.Datla Srinivasa Raju dated 18.10.2011 alleging theft of AAA Conductor Aluminium Electrical wire worth Rs.42,000/-, a case in crime No.156 of 2011 was registered and was investigated by Pasupatirega Police Station, Vizianagaram District. During investigation, the respondents came to know that the main accused, who had committed theft of said stolen aluminium articles, gave the name of the husband of the petitioner as recipient of stolen property. Respondents also state that they are taking legal advice and steps to include the husband of the petitioner in the First Information Report and the investigation is still under progress. They, however, denied the harassment to the petitioner or to her husband and have stated that the allegations in that respect are not correct. It is evident from the counter affidavit that so far as the petitioner is concerned, there are no adverse allegations. The counter affidavit merely confines that the petitioner’s husband being found to have received the alleged stolen property. However, that is a matter for investigation and for the respondents to take appropriate steps to include the name of the husband of the petitioner in the First Information Report in accordance with law. So far as the petitioner is concerned, however, in the absence of any allegation made against her in the counter affidavit, the respondents shall not proceed against her for the alleged offence said to have been committed by her husband. The respondents are, however, at liberty to take appropriate steps in accordance with law as per investigation in the crime aforesaid. The writ petition is accordingly disposed of. There shall be no order as to costs. _____________________________ VILAS V. AFZULPURKAR, J 08.12.2011 Note:- Furnish C.C. by 12.12.2011 (B/o) KH