HONOURABLE SRI JUSTICE G.CHANDRAIAH Dated 07-10-2009 WRIT PETITION No.24553 OF 2008 Between: G.Milan Kumar Gorang. …Petitioner. And: 1. The Superintendent of Police, Kurnool, Kurnool District and others. ……Respondents. HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.24553 OF 2008 ORDER: This Writ Petition is filed seeking to declare the action of the 2n d respondent-Station House Officer, in interfering with the civil disputes at the instance of 3rd respondent-Shesha Valli and summoning the petitioner to the Police Station without there being any complaint or case registered against him, as illegal, arbitrary and unconstitutional and consequently direct the respondents- Police Authorities not to interfere with the personal life and liberty of the petitioner. The case of the petitioner, in brief, is as follows: The petitioner is a goldsmith by profession and has established a shop at H.No.42/83 at Gowli Street, Kurnool in the name and style of Milan & Manas Grung Jewellery makers. The 3rd respondent-Police authority is one of his customers and he indebted to the petitioner to a tune of Rs.3,00,000. Apart from that, he borrowed an amount of Rs.1,50,000/- towards hands loan from the petitioner and in that connection, he executed a demand promissory note in favour of the petitioner for Rs.1,50,000/- on 4- 7-2008 promising to repay the same with interest at 24% p.a., Subsequently, the 3rd respondent evaded the said payment. At the instance of the 3rd respondent, the 2nd respondent-Police authority has been summoning the petitioner to the police station very often and threatening with dire consequences if he demands the 3rd respondent for return of the due amount in gold transaction as well as pronote amount and demanding to return the pronote to the 3rd respondent, or otherwise, he would foist false Criminal Cases against the petitioner. While so, on 25-10-2008, the 2nd respondent-Policy authority summoned the petitioner to the Police Station and made him to sit in the Police Station for hours together. In this connection, on 4-11-2008, the petitioner presented a representation to the 1st respondent-Police authority bringing to his notice all the illegal interference of the 2nd respondent-police authority in civil matters. But no action has been taken so far. The petitioner has not involved in any case and the 2nd respondent has no jurisdiction to interfere with the civil matters. Due to the frequent threats made by the 2nd respondent- Police Authority, the petitioner himself and his family members have been suffering from untold mental agony. Hence, this Writ Petition. In the Counter affidavit filed by the 2nd respondent-Police authority, denying the allegations made in the affidavit filed in support of the Writ Petition, the 2nd respondent-Police authority has stated that no complaint is registered against the petitioner so far and hence the question of summoning him to the Police Station does not arise. It is further stated that to prevent the police from taking any action in future if any one lodges complaint against the petitioner, the petitioner has filed the present Writ Petition. Hence, he sought to dismiss the Writ Petition. Heard the learned counsel for the petitioner and learned Government Pleader for Home and perused the material available on record. While issuing notice before admission on 10-11-2008, this Court directed the respondents not to interfere with the personal life and liberty of the petitioner in any manner whatsoever, without following due process of law. The main grievance of the petitioner is that 2nd respondent- Station House Officer, has been interfering with the civil disputes of the petitioner at the instance of 3rd respondent-Shesha Valli and summoning the petitioner to the Police Station without there being any complaint or case registered against him due to which himself and his family members are suffering from untold mental agony.. The 2nd respondent stated in his counter to the effect that no complaint is registered against the petitioner so far and hence the question of summoning him to the Police Station does not arise. To substantiate the case of the petitioner, no material has been placed before this Court by the petitioner except making bald averments. In view of the same, no orders need to be passed in this Writ Petition. Hence, this Writ Petition is closed. No order as to costs. ________________________ Justice G.CHANDRAIAH Dated 07-10-2009 Dvs HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.24553 OF 2008 Dated 07-10-2009