THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 24670 OF 2008 Dated: 30-08-2011 Between: Smt. Bandaru Varalakshmi ... PETITIONER AND The Superintendent of Police, East Godavari District, Kakinada and four others ... RESPONDENTS THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 24670 OF 2008 ORDER: In this writ petition, the petitioners seek directions by way of mandamus to declare the action of respondent Nos.2 to 4 in interfering with their life and liberty at the instance of the 5th respondent as illegal and arbitrary. It is stated that the 2nd petitioner who is the son of the 1st petitioner used to work under the 5th respondent at Barsi, Sholapur District, Maharastra and that due to his ill-health, he decided to quit the job and accordingly resigned the job duly intimating the same to the 5th respondent. According to the petitioners, the 5th respondent instead of accepting the resignation of the 2nd petitioner had kidnapped him and coerced him to sign on blank pronotes and other papers. As his whereabouts were not known, the 1st petitioner made a complaint to respondent Nos.1 to 4 and since no action was taken, she filed a private complaint before the Additional Judicial First Class Magistrate, Palakol which was referred under Section 156 (3) of Cr.P.C and numbered as Crime No.87 of 2008 on the file of Malikipuram Police Station, East Godavari District. In this writ petition, it is the grievance of the petitioners that instead of investigating into the said crime, the respondent – police are interfering with their life and liberty by calling them to the police station at the instance of the 5th respondent. The Sub Inspector of Police, Malkipuram Police Station, East Godavari District has filed a detailed counter affidavit. While referring to the private complaint filed by the petitioners under Section 200 of Cr.P.C, it is stated that there is no evidence in support of the complaint of the petitioner. As such, proposals were sent to the Sub Divisional Police Officer for referring the complaint of the petitioners as false. It is stated that after obtaining permission from the concerned authority, final report would be filed before the concerned Court. With reference to the allegation made by the petitioners about interference by the respondent – police, it is specifically stated that neither there is any interference with the life and liberty of the petitioners nor they are called to the police station at any point of time except registration of the case basing on the private complaint filed by the petitioners. In view of the fact that the allegation made by the petitioners that the police are interfering with their life and liberty is denied by the respondents and in the absence of any further material to prove the same, it is not possible for this Court to examine as to whether there is any interference by the police. While placing the above averments made by the respondent – police in the counter affidavit on record, the writ petition is disposed of. No order as to costs. R. SUBHASH REDDY, J 30-08-2011 ks