Interfering in the Day to Day Activities of the Petitioner Is Illegal and Arbitrary Except to the Extent Required for Investigation: Andhra Pradesh High Court

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A single-judge bench consisting of Hon’ble Justice M. Satyanarayana Murthy gave orders on the writ petition filed. The petitioner filed the petition seeking the court to issue a writ of mandamus declaring the action of the respondents in interfering with the day to day activities of the petitioner as illegal and arbitrary. 

FACTS:

In the present matter, a case was registered against the Petitioner – The Kakinda Port Steel Barges and Deep-water port workers Union, Mr. Pinapothu Jeeva Rathnam, and others in Crime no. 233 of 2019 for the offenses punishable under sections 406, 420, 506 r/w 34 I.P.C. dated 11.12.2019. It was alleged that they altered the records which were maintained in the HMS union office and cheated the workers and misused the amounts pertaining to HMS union workers. The petitioner filed the writ petition against the actions of the respondents. They interfered in the day-to-day business and activities of the petitioner union, under the influence of certain politicians. The petition was filed seeking the court to issue directions to the respondents to stop abusing their powers of police and stop interfering in the day to day activities of the petitioner union. 

ARGUMENTS ADVANCED:

The learned counsel for the petitioner submitted before the court that in the guise of registration of crime, the respondents are interfering in the business activities of the petitioner union. The court should issue appropriate directions as the actions of the respondent are illegal and arbitrary.

The learned assistant government pleader for Home submitted before the court that the petitioner misused the amounts pertaining to HMS union workers and also threatened the complainant with dire consequences. It was further submitted that the investigation in the case was also incomplete and the petitioner was called to the police station only in connection with the investigation in the above crime. Their motive was not to interfere in the day to day activities of the petitioner business union. 

COURT’S DECISION:

Accordingly, the court disposed of the writ petition at the stage of admission with no order as to costs. The Respondents were directed to not interfere in the day to day activities of the petitioner union, except to the extent of allegations made in the complaint, i.e. regarding tampering of records and cheating of the workers, as a part of the investigation in Crime no. 233 of 2019. Any applications with regard to this petition shall stand closed.

Case: The Kakinada port steel barges and deep-water port workers union Vs The state of Andhra Pradesh, (2) the superintendent of police, (3) deputy superintendent of police, (4) station house officer, (5) Chinta Srinivas

Click here to view the judgment


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