IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY WRIT PETITION NO : 7253 of 2004 Between: Jakkani Bhupathi, S/o.Laxmi Narsaiah, R/o.2-1-103, Beside police Station, Station Road,Kama Reddy,Nizamabad Dist. ..... PETITIONER AND 1. The S.H.O.,officer, Kama Reddy Police Station,Kama Reddy,Nizamabad Dist. 2 The Divisional Superintendent of police, Kama Reddy Division, Kama Reddy, Nizamabad Dist. 3 The Superintendent of police, Nizamabad Dist. 4 Serla Gangaram, S/o.Rajanarsaiah, R/o.5-4-50/2, Vivekananda Colony, Kama Reddy, Nizamabad Dist. 5 Karampuri Narayana, S/o.Hanumanulu, R/o.1-5-66, Godown Road, Kama Reddy, Nizamabad Dist. 6 Chandupatla Narsaiah, S/o.Dharmapuri, R/o.Balaji Sadan,Tilak Road, Tilak Road, Kama Reddy, Nizamabad Dist. 7 Serla Laxman, S/o.Rajaveeriah, R/o.5-7-266, Sri Ramanagar Colony, Kama Reddy,Nizamabad Dist. 8 Kurri babu Rao, S/o.Kash, R/o.5-8-40 Sri Ramnagar Colony, Kama Reddy,Nizamabad Dist. 9 Devkonda Narsaiah, S/o.Hanumanulu, R/o.5-6-480, NGO Colony, Kama Reddy, Nizamabad Dist. 10 Kayatam Gangaram, S/o.Lingaiah, R/o.5-5-133, Vivekananda Colony, Kama Reddy,Nizamabad Dist. 11 Enjamanni Srinivas, S/o.Veeraiah, R/o.5-8-466, Opp: Varalaxmi Function Hall, Ashok Nagar Colony, Kama Reddy, Nizamabad Dist. 12 Boddula Gattaiah, S/o.Bhoomaiah, Opp: RTC Bus Stand. Kama Reddy, Nizamabad Dist. .....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 a writ order, or direction, more particularly one in nature of writ of Mandamus declaring the action of the Respondents 1 and 2 along with Respondents 4 to 12 in illegally calling the petitioner to the police station without any valid reason as bad in Law and violative of Article 21 of the Constitution of the India and consequently Allow the petitioner to peacefully practice as the Advocate without any hindrance what so ever from the Respondents 1, 2 and 3 along with Respondents 4 to 12 in the interest of Justice and pass. Counsel for the Petitioner: MR.B.SUDHAKAR REDDY & NEERAJA REDDY Counsel for the Respondent Nos. 1 to 3 : GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE A.GOPAL REDDY WRIT PETITION NOs : 7253 of 2004 ORDER: Petitioner, a practising Advocate at Kamareddy, filed the present writ petition contending that the police are unnecessarily harassing the petitioner by calling him to the police station without any valid reason and forcing to handover the Mulgi which is adjacent to the police station in favouar of respondet Nos.4 to 12, where the respondent Nos.4 to 12 also own the mulgis adjacent to the petitioner’s mulgi on the National High Way. In response to the Rule Nisi, the Sub Inspector of Police, Kamareddy, filed counter-affidavit on behalf of the respondents No.3, stating that since the dispute with regard to the mulgi, if any between the petitioner’s wife and respondent Nos.4 to 12 is a civil dispute for which the respondent Nos.1 to 3 have no right to interfere with the said rights of the petitioner’s wife nor they have objected to let out the same by her. It is specifically denied in para-5 that they never called the petitioner to police station on 07-04-2004, 09-04-2004 and 10-04-2004 or on any other date as alleged nor the police officials directed the petitioner to handover the stamp papers to the respondent Nos. 4 to 12 along with the mulgi and warned the petitioner’s wife as she is not agreeable to let out the premises that petitioner will be put in jail. Since there were disputes between the petitioner and respondent Nos.4 to 12 and the Mulgis are under the control of K.Prakasa Rao, Assistant Divisional Officer/Liquidator of H.W.C.S.Ltd., Kamareddy, on the complaints about broke open of the seal and lock put by the official liquidator, in which the crimes were registered in Cr.No.196 of 2002 under Sections 448, 427 of IPC., Cr.No.223 of 2003 under Sections 448, 427 of IPC. and Cr.No.52 of 2004 under Sections 420, 468 of IPC., are pending before the Judicial First Class Magistrate, Kamareddy, for investigation. The petitioner’s mulgi along with the mulgis of respondent Nos. 4 to 12 are under seal and lock of the Government. In view of sealing the said property the question of letting out the same does not arise. Since the matter in dispute is of civil nature between the petitioner and respondent Nos.4 to 12, and crimes are registered as referred above, police are under obligation to investigate when it is referred to them by the Magistrate under Section 156 (3) of Cr.P.C., In view of the same, unless the crime is registered with the respective police stations against the petitioner, police shall not call the petitioner to the police station or interfere with the petitioner’s personal liberty. If the petitioner’s presence is required for due investigation of any crime registered against him, the necessary notice should be given in advance for securing his presence for investigation purpose only. Accordingly, the Writ Petition is disposed of _______________ kvr 14th July, 2004 To 1. The S.H.O.,officer, Kama Reddy Police Station,Kama Reddy,Nizamabad Dist. 2 The Divisional Superintendent of police, Kama Reddy Division, Kama Reddy, Nizamabad Dist. 3 The Superintendent of police, Nizamabad Dist. 4. Two C.Cs to the G.P. for Home, AP High Court Buildings, High Court of A.P., Hyderabad. (O.U.T.) 5 Two C.D.Copies.