IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5330 of 2009 Between: K. Manmadha Rao, S/o. Late Simmaiah, and President, Single Window Coop. Bank R/o. Peddakota Village and Post, L.N. Peta Mandal, Srikakulam District. ..... PETITIONER AND 1 Superintendent of Police, Srikakulam District, Srikakulam. 2 Sub Divisional Police Officer, Srikakulam. 3 Circle Inspector of Police, Amadalavalasa Circle, Srikakulam District. 4 Station House Officer, Sarbujjili Police Station, Amadalavalasa Circle, Srikakulam District. .....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 any appropriate Writ, Order or direction preferably a Writ in the nature of Writ of Mandamus, declaring the action of the Respondents in calling the petitioner to the Police Station and detaining him for hours together in spite of closing the rowdy sheet against petitioner by order dt. 8-1-2009 and whenever the petitioner questions the said high handed action threatening the petitioner with dire consequences including re-opening to rowdy sheet against him as being arbitrary, illegal, without jurisdiction and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to open rowdy sheet against the petitioner only by following due process of law and not to harass the petitioner in any manne. Counsel for the Petitioner:MR.M.VISWANADHAM Counsel for the Respondent No.: GP FOR HOME The Court made the following : ORDER: This writ petition is filed by the petitioner questioning the action of the respondents in sending police to his residence and calling him to the police station and detaining him there for hours together in spite of closing the rowdy sheet on 8.1.2009. Heard the learned counsel for the petitioner and the learned Government Pleader for Home. In response to the writ allegations, the Sub-Inspector of police, Sarbujili Police Station, Srikakulam, the 4th respondent herein has filed a counter affidavit inter alia stating that the rowdy sheet opened against the petitioner was closed on 8.1.2009. However, on a complaint lodged by one K.Srinivasa Rao, resident of Pedakota Village, a case in Cr.No.17 of 2009 under Section 324 IPC was registered on 8.3.2009 against the petitioner and the matter is being investigated into. In the said case, the petitioner is the sole accused. While the investigation is under progress, the petitioner himself surrendered before the court on 13.3.2009 and obtained bail and the charge sheet is yet to be filed before the concerned court. That apart, a case in Crime No.63 of 2007 under Section 498-A and 323 IPC was registered against the petitioner on the complaint lodged by his wife and the same is pending trial before the court of Judicial Magistrate of First Class at Amudalavalasa vide CC No.141 of 2007 and in the said case also, petitioner is A.1. It is also stated that they never harassed the petitioner by sending police to his house or wherever he is and calling him to the police station unnecessarily and detaining him hours together. In view of the above counter averments, no further orders are required to be passed in this writ petition and the writ petition is accordingly closed recording the above statement. N.V.RAMANA,J Dt.20.4.2009 msv