Ahmed Hussain , Amer Hussain , Amer v. The State Of Telangana,

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.1033 OF 2019 DATED :23.01.2019 Between :

Ahmed Hussain @ Amer Hussain @ Amer, S/o.Late Akhtar Hussain, Aged about 25 yrs, Occu : Private Service, R/o.H.No.22-3-947/33/A/1, Purani Haveli, Hyderabad, Telangana.

..

Petitioner And The State of Telangana, Rep., by its Principal Secretary, Home Department, Secretariat Buildings, Hyderabad, Telangana & others.

.. Respondents This court made the following :

- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.1033 OF 2019 ORDER :

Heard learned counsel for petitioner and learned Government Pleader for Home for respondents 1 and 2. 2.

Petitioner alleges that certain false cases were registered against him and illegally rowdy sheet was opened. Petitioner further alleges that he received call from the mobile number of 3rd respondent on 16.01.2019 asking him to attend his office at 5.00 P.m. Accordingly, he attended before the 3rd respondent. The 3rd respondent tortured him and used third degree method almost half an hour and made him to sit till 10.00 p.m. On further enquiry, petitioner was asked to become his informer. But when he refused to act as informer, 3rd respondent threatened that he would be treated in the same way every day. He further alleges that on 18.01.2019 he received another call from 3rd respondent asking him to attend his office by 9.00 p.m. When he attended the office, he was asked to sign on a register and made him to sit for two hours.

It is further alleged that again on 19.01.2019, he received another call to come and meet the 2nd respondent. It is alleged that he was called five times continuously. It is therefore, contended that calling the petitioner to police station and harassing and torturing him is illegal and unconstitutional.

3.

Written instructions are furnished to learned Government pleader, by the Sub-Inspector of Police, Task Force, South Zone, Hyderabad dated 22.01.2019, a copy of which is placed before this Court.

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A reading of the instructions would disclose that in the year 2011, a rowdy sheet was opened against the petitioner in Meerchowk Police Station. After opening the rowdy sheet, petitioner was further involved in two more cases in the year 2017. In view of subsequent registration of crimes, rowdy sheet was continued to be operated. It is further alleged that petitioner was involved in another case in the year 2018 and crime was registered under Indian Penal Code, Indian Arms Act and Criminal Amendment Act, by Santoshnagar Police. Since several crimes are registered against him and rowdy sheet is opened, the task force authorities are keeping surveillance on the petitioner and he is being contacted to know about his whereabouts.

5.

The specific allegation of the petitioner about torturing him and using third degree method is categorically denied by the police. The further allegation that petitioner was asked to be informer is also categorically denied. Except for making vague allegations of torturing and humiliating, no other material is placed on record to show that third degree methods are used against the petitioner.

6.

Having regard to the history of crimes registered against the petitioner, it cannot be said that the police have illegally opened the rowdy sheet against him and monitoring his progress, as the same is part of enforcement of law and order. Therefore, there is no merit in the contentions urged by the petitioner.

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Writ Petition is accordingly, dismissed.

Pending miscellaneous petitions shall stand closed.

__________________ P.NAVEEN RAO,J 23rd January, 2019 Rds