GRANDHI MADHUSUDAN RAO Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This Writ Petition is filed seeking a writ of mandamus for declaring the action of the respondents, particularly the 3rd respondent Inspector of Police, Central Zone Team, Central Crime Station, Detective Department, Hyderabad City in issuing the notice dated 24.08.2013 directing the petitioner to appear before him and then, confining him to the Police Station for a number of hours, as bad in law.

(2.) Learned Assistant Government Pleader for Home has secured instructions, in writing, from the Inspector of Police, Central Zone Team, Central Crime Station, Detective Department, and based thereon, he would submit that one Sri K. Bhavanarayana had lodged a complaint on 09.04.2012 with the Commissioner of Police, Hyderabad making a very serious allegation that the petitioner herein has duped the said Sri Bhavanarayana to a tune of Rs. 2 crores.

(3.) The said complaint has been transmitted to the Central Crime Station for the purpose of investigation. Accordingly, Crime No. 84 of 2012 under Sections 406, 420, 468 and 471 of the Indian Penal Code has been registered against the petitioner and investigation has been taken up. It appears, several of the Investigating Officers, who functioned earlier as such, have been transferred and the present Investigating Officer has assumed charge only in the month of February 2013. Hence, he has issued the impugned notice on 24.08.2013 in accordance with Section 41-A read with Section 161 of the Code of Criminal Procedure and therefore, the learned Assistant Government Pleader would submit that as part of investigation only, the petitioner has been issued the impugned notice. He would also contend that as per the orders passed by this Court on 06.06.2012 in Criminal Petition No. 4598 of 2012, the petitioner was directed to appear before the Investigating Agency on every Saturday at 10.00 a.m. for three months or until filing of a charge sheet, whichever is earlier. Therefore, the petitioner cannot decline to cooperate with the Investigating Officer.