Writ Petition No. 2970 of 2010 · Andhra Pradesh High Court

This Writ Petition is filed seeking a mandamus declaring the action of the respondents in harassing the petitioner and her family members and not registering her complaint that her husband is missing, as illegal and arbitrary. Precisely, it is the grievance of the petitioner that though there is no complaint registered against her, the respondents - police are frequently calling her and interfering with her life and liberty.

In the counter-affidavit filed by the first respondent - Inspector of Police, Mandamarri Police Station, Adilabad District, while denying the allegations of the petitioner, it is stated that one Rajendrapal Singh Batiya lodged a complaint on 21.08.2009 before the Station House Officer, Mandamarri Police Station, Adilabad District, stating that the husband of the petitioner by name Gosika Bala Raju and others have enrolled him and others as chit subscribers by receiving money and subsequently, the husband of the petitioner cheated him. It is further stated that based on such complaint, a case was registered in Crime No.167 of 2009 for the offences punishable under Section 420 IPC and Sections 4 and 11 read with Section 76 of the Chit Fund Act, 1982, against the husband of the petitioner as accused on the file of Mandamarri Police Station and investigation was taken up. It is further stated that in the said crime, 8 witnesses were examined and the investigation revealed that the accused in the aforesaid crime without having any registration and license, enrolled the chit subscribers including the complainant by collecting huge amounts, and he absconded.

The investigating officer has made sincere efforts to trace out the accused and as his whereabouts could not be traced, after obtaining permission from the Sub-Divisional Police Officer, Bellampalli, final report as undetectable had been filed on 31.12.2010 before the learned I-Additional Judicial First Class Magistrate, Mancherial. It is also stated that as per the records, no complaint is received from the petitioner and the respondents have specifically denied the allegation of harassment, threatening and interference with her life and liberty. As there is a crime registered against the husband of the petitioner, it is the duty of the police to conduct investigation into the same and such investigation on the part of the respondents cannot be termed as interference with the life and liberty of the petitioner. In any event, as it is stated that the final report is already filed in Crime No.167 of 2009 and further, no complaint is lodged by the petitioner, I do not find any merit in this Writ Petition for grant of relief to the petitioner as prayed for.

However, it is made clear that if there is any complaint lodged by the petitioner, I am sure, the respondents will look into the same and take appropriate action in accordance with law. Subject to the above observation, the Writ Petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 1st FEBRUARY, 2012.