THE HONOURABLE SRI JUSTICE G. CHANDRAIAH W.P. No.10332 of 2009 Date: 05-10-2009 Between: K. Lakshmi … Petitioner And The Commissioner of Police, Vijayawada and another. … Respondents THE HONOURABLE SRI JUSTICE G. CHANDRAIAH W.P. No.10332 of 2009 ORDER: The case of the petitioner, in brief, is that her husband was implicated in several criminal cases by the respondents and he was acquitted from most of the cases and some of the cases are pending at trial stage. In one of those cases in Crime No.9 of 2009 Nunna Rural Police Station at Vijayawada the 1st respondent, Commissioner of Police, deployed the 2nd respondent, Sub-Inspector of Police, before the district jail to assassinate the husband of the petitioner. Though her husband obtained bail in the above said case, due to fear of the Police, he is not in a position to come out on bail by furnishing sureties and the respondents are trying to impose PD act against her husband. It is also submitted that her husband is not notorious criminal to impose PD act against him. Hence, the present writ petition. Denying the allegations made by the petitioner, the 2nd respondent filed counter stating, inter alia, that the husband of the petitioner is a notorious rowdy sheeter and many cases are pending against him. To divert the attention of the investigating agency to probe into the cases that are pending against him, the present writ petition has been filed. Husband of the petitioner is a habitual offender continued to commit offences in spite of legal action. He committed offences including rape and an attempt to murder. The husband of the petitioner was arrested on 07.01.2009 and sent for judicial custody. Now he was granted bail on 11.05.2009 and for want of sureties, he could not be released. It is specifically denied by the respondents that Commissioner of Police with a view to assassinate her husband in an encounter foisted the case. The husband of the petitioner is a prisoner as on date and she is shrewd enough to file a false allegation and approached this Court to gain sympathy of this Court. Heard the learned counsel on either side and perused the material on record. Having regard to the facts and circumstances of the case and the submissions made by the learned counsel on either side, I am of the view that the husband of the petitioner is involved in as many as ten criminal cases and out of them four cases were disposed of and six cases are still pending at trial stage. In one of the cases i.e. Crime No.9 of 2009 he got bail but for want of sureties he could not be released from the jail. The main apprehension of the petitioner is that though her husband was granted bail because of fear from the respondents that her husband would be assassinated he is not coming from the jail. Having regard to specific denial by the respondents that they have filed false cases against the husband of the petitioner with a view to assassinate her husband and no specific relief was sought for by the petitioner, no relief can be granted to the petitioner. Therefore, the writ petition is liable to be dismissed. Accordingly, the writ petition is dismissed, at the threshold. There shall be no order as to costs. __________________________ JUSTICE G. CHANDRAIAH Date: 05-10-2009 LSK