THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA Writ Petition No.14812 OF 2008 ORDER: 1 Petitioner worked as manager in M/s. Sree Pujitha Chit Fund Private Limited, Governorpet, Vijayawada and afterwards he was promoted and ultimately while was working as Manager / Foreman, he submitted his resignation letter on 17.09.2007 to the Managing Director of the said chit fund company and the same was accepted by the Managing Director on 25.09.2007 and the petitioner was relieved from services with effect from 01.10.2007. The said factual aspect was also informed to the Chit Registrar, Vijayawada. While so, for obvious reasons, the Managing Director of the said chit fund company committed suicide on 27.10.2007 and ultimately died on 05.1.2007. It is further stated that a subscriber of the said chit fund company by name Ramesh gave a complaint in the Suryaraopet police station stating that the petitioner and the Managing Director of the said chit fund company have cheated him and in that connection a case in Cr.No.190 of 2007 was registered under section 420 of IPC. Having registered the said crime, the police Suryaraopet directed the petitioner to appear before the police station frequently and as the Station House Officer of the said police station is interfering with his personal liberty the petitioner approached this court and filed the present Writ Petition with the following prayer: “For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 3rd respondent directing the petitioner to settle the claims of the subscribers of chits is illegal, arbitrary and violative of Articles 19 and 21 of the Constitution of India and pass such other appropriate orders as are deemed fit and proper in the circumstances of the case.” 2 A detailed counter affidavit is filed on behalf of the respondents and as per para No.6 of the said counter affidavit, the allegation that the petitioner was directed to appear before the police station is denied. Para 6 reads as under: “In reply to para No.4 of the affidavit, I respectfully submit that the allegation of the petitioner that this respondent has been regularly sending a constable to his residence and asking him to come to the police station is false and hence the same is denied. The allegation of the petitioner that this respondent is insisting him that he should settle the matter with the depositors by paying a part of the claim amount is false and hence the same is denied. The allegation of the petitioner that taking advantage of their official position, they are insisting him to settle the claims is false and hence the same is denied. The allegation of the petitioner that the respondents are calling him to the police station and detaining him for hours together is false and hence the same is denied. Hence the Writ Petition is devoid of merits.” 3 In the light of the said denial, this court cannot go into the aspect as to whether the petitioner was directed to appear before the police station or not. Accordingly, this Writ Petition is disposed of. No order as to costs. ------------------ 26.11.2009 kvsn