Gutipalli Narasimhulu v. The State Of Telangana
i I [ 32e6 J
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR l I PRESENT l i THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 1182 OF 2024 Between:
Gutipalli Narasimhulu, S/o. Venkateshwarlu , Age.63 yrs, Occ. Business, R/o.H.No. 6-9/3, Nagapur village, Cherial Mandal, Siddepit District ...PETITIONER AND The State of Telangana, Rep by its Principal Secretary Home Department Secretariat Hyderabad.
The Commissioner of Police, Siddipet District Siddipet. The Station House Officer, Komaravelli ,Siddipet District. J Balakrishna Reddy Kusugundla, S/o Shiva Reddy Aged 65 years Occ: Business R/o H No 4399, Koukur, R. R. District. ...RESPONDENTS Petition under Article 226 oI the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of respondent No 3 in calling and detaining the petitioner to PS Komuravalli without there being any FIR registered against me and forcing me to admit to the crime in FIR No 84 of 2023 dated 15-09-2023 and threatening to implicate them in the said crime is bad in law, illegal , arbitrary and violating the natural justice illegal violative oI An 21 of the constitution of lndia CoNSEQUENTLY direct the respondents No. 1 to 3 refrain the respondent No.3 from resorting to illegal actions in harassing innocent people.
lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim directions directing respondent No 3 not to call the petitioners to PS Komuravelli and detain them without there being any FIR registered against them. Counsel for the Petitioner : M/s.GUNDLAPALLI V.S.S.SRUTHI Counsel forthe Respondents No.1to3: ASST. GP FOR HOME Counsel forthe Respondents No.4:
-- The Court made the following: ORDER
THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION No.1182 OF 2024 ORDER:
The writ petition is filed seeking following relief: ". . . to issue a wri t, order or direction more particularly one in the nature of writ of Mandamus declaring the action of respondent No.3 in calling and detaining the petitioner to P.S., Komuravalli without there being any FIR registered against him and forcing him to admit to the crime in FIR.No.84 of 2023, dated 15.09.2023 and threatening to implicate him in the said crime is bad in law, illegal, arbitrary and violating the natural justice illegal violative of Article 2 1 of the Constitution of lndia and consequently direct respondents Nos. I to 3 refrain the respondent No.3 from resorting to illegal actions in harassing innocent people and to pass ..."
2.
The case of the petitioner is that the respondentpolice are frequently summoning the petitioner to the police station without registration o[ any case or without following the due procedure as contemplated under Section 41-A ol Cr.P.C. and also the guidelines issued by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihart '1zora1 s scc zz:
CVBR,J W.P.No.7782 oJ 2O24 - 3.
Learned Assistant Government Pleader appearing for respondent No.3 submits that acting on the complaint filed by respondent No.4, a case was registered in Crime No.84 of 2023, dated 15.09.2023 for the offences under Sections 447 and, 427 read with Section 34 of I.P.C. Initially, the petitioner was not arrayed as accused in the said crimc and subsequently after conducting investigation, as the involvement of the petitioner was revealed, the petitioner was added as an accused to the said crime and the respondent-police are taking steps to serve notice under Section 4 1 -A Cr. P. C. to the petitioner.
4.
The learned counsel for the petitioner submits that as the said crime discloses that the offences are punishable below 7 years, issuance of notice under Section 41-A Cr.P.C. to the petitioner is mandatory.
5.
In view of the above submissions, this Court deems it appropriate to dispose of the Writ Petition directing the respondents to issue notice to the petitioner as required und'ei 'section 4l-A of Cr.P.C. and also follow the
cvBR,J w.P.No.7782 of 2O24 guidelines issued by the Hon'ble Apex Court in Arnesh Kumar's case (supra), if the presence of the petitioner is required for the purpose of investigation in Crime No.84 of
6. With the above observations, the Writ petition is disposed of. There shall be no order as to costs 7.
As a sequel, the miScellaneous petitions pending, if any, shall stand closed.
SD/.N. SRIHARI ASSTSTANT REGTSTRAR Ch,- //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary Home Department Secretariat, State of Telangana, Hyderabad.
2. The Commissioner of Police, Siddipet District Siddipet.
3. The Station House Officer, Komaravelli ,Siddipet District.
4. One CC to M/s.GUNDLAPALLI V.S.S.SRUTHI Advocate [OPUC]
5. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad. [OUT]
6. Two CD Copies.
BSK GJP s
l1t I , HIGH COURT DATED:1210112024 f, ilr li 1i ll .,/ ./, \:. , 1r I J i rEf 'iit'j', s'PAicq;9 -
ORDER
WP.No.1182 ot 2024 ,l li, .
ilr I DrsPosrNG oFITHE WRrT PETITION WITHOUT COSTS cpPia €) ktr ii jj il tr li