THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.26806 of 2009 Dated:09.12.2009 Between: Gutta Venkateswara Rao. .. Petitioner. And The Superintendent of Police, Eluru, West Godavari District, and another. .. Respondents. ORDER: The petitioner claims to the absolute owner of the agricultural lands admeasuring Ac.16.84 cents situated in Chataparru village, Eluru Mandal, West Godavari District, and also fish tanks to an extent of Ac.18.00 cents situated in Koteswara Durgapuram Gram Panchayat and Chataparru village, having got the same by virtue of a registered Will dated 18.09.2005 executed by his father. It is the case of the petitioner that some disputes arose between him and his sister, pertaining to the said property, for which he filed a suit in O.S.No.152 of 2009 on the file of the Senior Civil Judge, Eluru, East Godavari District, for declaration and permanent injunction, and the same is pending. The petitioner complains that the 2nd respondent, at the instance of his sister and her husband, is interfering with his personal liberty and summoning him to the police station very often, without there being any case registered against him. Hence, this writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Home. If any complaint is received by the police, it is for the police to register a case, investigate into the matter and submit a final report as provided for under Section 173 Cr.P.C. Here, according to the petitioner, the dispute between him and his sister is civil in nature, and, therefore, it is for a competent Civil Court to decide the same, and the police have no business in it. Further, the action of the police in directing the petitioner to come to the police station and making him to sit at the police station for hours together, without any complaint being registered him, is nothing but violation of personal liberty of the petitioner. Therefore, in my considered view, the police have no business to interfere with the personal life and liberty of the petitioner without following the due process of law, and the action of the respondent police is contrary to the principles of Article 21 of the Constitution of India. Accordingly, the writ petition is disposed of, at the stage of admission, with a direction to the 2nd respondent not to interfere with the personal life and liberty of the petitioner as also in the civil disputes, without following the due process of law. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA,J 09.12.2009 Note: Furnish CC in three days Bo v v