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
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:
(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
The main legal principle established is that the remedy for police failure to register an F.I.R. is not through a writ petition under Article 226 of the Constitution of India, but through the remedie....
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