IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4752 of 2009 Between: 1 Sangani Nandam S/o.Brahmaswamy Pradessammapeta, J.K.Pur, Kakinada. 2 Sangani Nagoor S/o.Suryanarayana J.K.Pur, Kakinada. 3 Boddu Narayana Rao S/o.Krishna Murthy Church Square Center, J.K.Pur, Kakinada. 4 Voleti Ratnasagar S/o.Verraju Church Square Center, J.K.Pur, Kakinada. 5 Kaladi Shiva S/o.Vishnu Srinagar Kakinada. 6 Chinta Perraju S/o.Ganga Raju J.K.Pur, Kakinada. 7 Rakadi Sattibabu S/o.Narayana Yetimoga, Kakinada. 8 Rakadi Anjaneyulu S/o.Sambamurthy Pradessammapeta, J.K.Pur, Kakinada. 9 Kaladi Vishnu S/o.Ramaswamy Anthinarevu Satya Devi Nagar, Kakinada. 10 Vadravu Janki Ramu S/o.Sathiraju Anthinarevu Satya Devi Nagar, Kakinada. 11 Pemmadi Srinivasu S/o.Jayaram D.No.51-1-22, J.K.Pur, Kakinada. 12 Chinta Rambabu S/o.Sriramulu Pradessammapeta, J.K.Pur, Kakinada. 13 Kantipudi Sitamahalaxi W/o.Suresh R/o.D.No.56-1-90, Bapuji Nagar, Kakinada. 14 Kantipudi Suresh W/o.Madhuradash R/o.D.No.56-1-90, Bapuji Nagar, Kakinada. 15 Kantipudi Vijaychandra @ Vijay S/o.Suresh R/o.D.No.56-1-90, Bapuji Nagar, Kakinada. 16 Rapakula Satish @ Bujji S/o.Suraya Rao, S/o. Surayanarayana, R/o.Ravindranagar, Kakinada. 17 Adbala Durga S/o.Venkatarao R/o.Keshavavari Street, Jagannadhapuram, Kakinada. 18 Ellangi Gangadhar S/o.Mahalaxmi Yesuvari Street, J.K.Pur, Kakinada. 19 Pemmadi Narasimha Murthy S/o.Narasimhamurthy J.K.Pur, Kakinada. 20 Pallepu Vishnu Prasad S/o.Ramdasu J.K.Pur, Kakinada. 21 Palepu Ramu S/o.Ramdasu J.K.Pur, Kakinada. 22 Vadrevu Venkataramana S/o.Tata Rao Yetimoga, Kakinada. E.G. District. 23 Malladi Sri Ramachandramurthy S/o.Jagannadam R/o. Rama Temple Street, Yetimoga, Kakinada. E.G. District. 24 Malladi Edukondalu S/o.Jagannadam Yetimoga, Kakinada. E.G. District. 25 Vydadi Satyanarayana @ Philip S/o.Appa Rao D.No.51-1-47, Anthinarevu, J.K.Pur, Kakinada, E.G. District. 26 Karri Nageshwara Rao S/o.K.Veeraju Matavari Street, Satyadevi Nagar, J.K.Pur, Kakinada. 27 Aradadi Dharma Rao S/o.A.Dhanraju Anthinarevu, Satyadevi Nagar, J.K.Pur, Kakinada, E.G. District. 28 Aradadi Harikrishna S/o.Dharama Rao Anthinarevu, Satyadevi Nagar, J.K.Pur, Kakinada, E.G. District. 29 Chintaraju S/o.Narayana Murthy R/o.D.No.44-12-4, Ambalacalf Centre, Paradesammapeta, J.K.Pur, Kakinada. 30 Kamaadi Aggiraju S/o.Eshwar Rao R/o.D.No.44-13-6, Ponnagantivari Street, Paradesammapeta, J.K.Pur, Kakinada. 31 Kokkanathi Adinarayana S/o.K.Veeraju R/o.D.No.47-2-18, Yeera Road, Yetimoga. 32 Mokka Nagoor alias Bujji S/o.Shivaram R/o.Church Square Center, J.K.Pur, Kakinada. 33 Sangani Vasu S/o.Narasimhamurthy D.No.58-11-12, Mamidapalli vari Street, Maridammapeta, J.K.Pur, Kakinada. 34 Rakadi Trimurthulu S/o.Sambamurthy Paradeassammapeta, J.K.Pur, Kakinada. 35 Bommidi Ramu S/o.Kasaiah Near Dal Mill, Satyadevi Nagar, J.K.Pur, Kakinada. 36 Dharamdi Satyam S/o.Tata Rao Anthinarevu, J.K.Pur, Kakinada. 37 Vydadi Ramu S/o.Appa Rao Anthinarevu, Satyadevi Nagar, J.K.Pur, Kakinada. 38 Malladi Venkatarao Sathiraju, Church Square Center, J.K.Pur, Kakinada. ..... PETITIONER(S) AND 1 The State of Andhra Pradesh, represented by the Principal Secretary, (Home), Secretariat, Hyderabad. 2 The Superintendent of Police, East Godavari District, Kakinada. 3 The Station House Officer, I Town L & O Police Station, Kakinada. .....RESPONDENT(S) 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 a writ in the nature of Mandamus, declaring the action of the 3rd respondent in interfering with the liberty and freedom of the petitioners herein, calling them up to the police station, confining them therein for endless hours, and insisting on them to report before the police station every day, at the instance of the political leaders of the rule clan, without there being any claim registered against the petitioners herein, as being illegal, arbitrary and unconstitutional being violative of Arts. 14, 19 (A) & (b) and 21 of the Constitution of India, apart from various judicial pronouncements of this Hon'ble Court as well as the Hon'ble Apex Court, and consequently direct the 3rd respondent not to interfere with the petitioner's life and liberty without due process of law, and pass. Counsel for the Petitioner:MS.VASANTHA LAKSHMI BAVARAJU Counsel for the Respondent No.: GP FOR HOME The Court made the following : O R D E R:- The petitioners assert that they are sympathizers of Telugu Desam Party, and that there are some disputes between them and the supporters of Congress Party, and according to the petitioners, some false complainants were lodged against them and they were acquitted in all the criminal cases. Now, it is their main grievance that the official respondents, without any justification or legal authority, under the influence of the political leaders of the ruling Government, are harassing them by frequently summoning them to the police station and forcing them to remain there for long hours and exploring ways and means to scare them away from the political process and their supporting the party of their choice. The 3rd respondent-Station House Officer, filed counter affidavit inter alia denying the averments made in support of the writ petition and stated that eighteen cases have been registered against 65 members including the petitioners vide Cr.Nos.47 to 63 of 2004 and Cr.Nos.48 and 49 of 2004 which are pending trial and 16 cases ended in acquittal as the complainants and the accused compromised the matter out of Court. It is also stated that for smooth conduct of the Assembly and Parliament Elections in Kakinada Town, as a precautionary measure to prevent the law and order problem, the respondents-police produced the petitioners before the Sub-Divisional Magistrate-Revenue Divisional Officer, Kakinada on 09.3.2009, 12.3.2009, 13.3.2009 and 14.3.2009 and bound them over to keep good behaviour for a period of six months. The learned Government Pleader for Home appearing for the respondents has submitted that in order to ensure that the elections are conducted peacefully they took steps and produced the petitioners before the Sub-Divisional Magistrate-Revenue Divisional Officer, Kakinada, to bind them over to keep a good record for a specific period, and except this, the respondents-police have never harassed nor interfered with the petitioners’ personal life and liberty by way of summoning them to the police station. He has further submitted that the elections are already over. Heard the learned counsel for both the parties and perused the material placed on record. In view of the stand taken by the 3rd respondent in the counter affidavit as well as the submission made by the learned Government Pleader that it is only to ensure smooth conduct of the elections, the petitioners were produced before the Sub-Divisional Magistrate-Revenue Divisional Officer, Kakinada, for binding them over and in view of the fact that elections are already over, I am of the considered opinion that there is no need to pass any orders in the writ petition. Accordingly, the writ petition is closed. No costs. ______________ N.V.RAMANA, J 1st June, 2009 bcj