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2022 Supreme(AP) 845

IN THE HIGH COURT OF ANDHRA PRADESH
Cheekati Manavendranath Roy, J.
Sri.Chintakayala Ayyannapatrudu – Petitioner
Versus
State of Andhra Pradesh – Respondent
Writ Petition No.18449 of 2022
Decided On : 01-07-2022

Advocates:
Advocate Appeared:
For the Petitioner: V V Satish

Headnote:

Constitution of India, 1950 – Article 226 – Writ Petition for a mandamus is filed to declare action of respondents 2 to 18 police officials, who are Director General of Police, Andhra Pradesh and Superintendents of Police of various districts in State of Andhra Pradesh, in not providing copy of F.I.R. to petitioner registered in their respective police stations, as illegal, unconstitutional and consequently, sought direction to respondents to provide copy of F.I.R. to petitioner and sought direction to them not to interfere with life and liberty of petitioner without due process of law – Held, However, as it is pleaded Writ Petition that as petitioner made certain comments against present government and ruling party that he may be arrested by implicating him in a false case and that he would be arrested, considering said apprehension of petitioner, this Court is of considered view that this Writ Petition can be disposed of with a direction to respondent police officials not to make any such domiciliary visits to house of petitioner or interfere with his personal liberty without there being any crime or F.I.R. registered against him and without following due process of law and this would suffice to protect interests of petitioner in view of apprehension expressed by petitioner in facts and circumstances of case – Writ Petition disposed of.

ORDER :

This Writ Petition for a mandamus is filed to declare the action of respondents 2 to 18 police officials, who are the Director General of Police, Andhra Pradesh and Superintendents of Police of various districts in the State of Andhra Pradesh, in not providing copy of F.I.R. to the petitioner registered in their respective police stations, as illegal, unconstitutional and consequently, sought direction to the respondents to provide copy of F.I.R. to the petitioner and sought further direction to them not to interfere with the life and liberty of the petitioner without following the due process of law.

2. Heard learned counsel for the petitioner and learned Government Pleaders-I and II for Home appearing for respondent police officials.

3. Outline facts of the Writ Petition may be stated as follows:

    (a) The petitioner is a former Cabinet Minister of the State of Andhra Pradesh and Politbureau member of Telugu Desam Regional Party in the State of Andhra Pradesh. It is stated that he has been publicly raising his voice frequently against the policies of the Government of the ruling party and more particularly against the chief of the government. Therefore, it is stated that in order to suppress his voice that the Government has decided to damage his property and implicate him in false cases. So, in the said process, a part of the structure of his house was demolished and he has challenged the action of the concerned officials in this regard by way of filing a separate Writ Petition. This Court in W.P.No.16579 of 2022 directed the respondents therein not to demolish the structure of the house of the petitioner and permitted him to raise a fence in the place of the existing compound wall.

(b) It is further stated that the authorities at helm of the affairs of the State is proposing to use the police power to harass the petitioner physically by implicating him in false cases and for the last one week that police from different areas and districts in the State of Andhra Pradesh have been coming to the house of the petitioner and enquiring about the petitioner from his family members continuously and that the police are watching the every movement of inmates of the house of the petitioner and thereby interfering with their personal liberty.

(c) It is stated that when the petitioner has recently on 15.06.2022 in a “Mini Mahanadu” meeting convened at Chodavaram in Anakapalle District, made a speech and in the said speech that he has made certain comments against the ruling party and as such, his enquiries revealed that an attempt is being made to register F.I.R. against him in false cases and to harass him. When the petitioner and his family members demanded the police, who are visiting the house of the petitioner, to disclose whether any F.I.R. was registered against him that they did not furnish any copy of the F.I.R. said to have been registered against him and even in the official website of the Police Department, no F.I.R. was found to be registered against him. Therefore, it is stated that the visits of the police to his house without registering any F.I.R. against him is illegal and violative of Articles 14 and 21 of the Constitution of India.

(d) Therefore, with the aforesaid grievance, the petitioner is before this Court by way of filing this Writ Petition seeking declaration that the action of the respondents 2 to 18 in not furnishing a copy of the F.I.R. to the petitioner, as illegal and consequently, sought direction to the respondent police officials not to interfere with the personal liberty of the petitioner.

4. When the Writ Petition came up for admission before this Court yesterday i.e. on 30.06.2022, learned Government Pleaders I and II for Home and learned Standing Counsel for C.I.D. sought time to seek instructions to ascertain whether any F.I.R. was registered against the petitioner in any of the Police Stations in all the 26 Districts of the State of Andhra Pradesh. Therefore, the matter is posted to this day aft

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