Madagoni Balraj v. The State Of Telangana And 3 Others

THE HON'BLE SRI JUSTI CE T.VI NOD KUMAR WRI T PETI TI ON No.1719 of 2020 ORDER:

The present writ petition is filed to declare inaction of respondent No.3 in frequently summoning the petitioner to the police station and making the petitioner sit for hours together without taking any further steps in Cr.No.66 of 2019, as illegal, arbitrary and violative of Articles 14, 19 and 300-A of the Constitution of India.

2.

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home for respondents 1 to 3. 3.

Learned Assistant Government Pleader for Home, on written instructions, dated 29.01.2020, a copy of which is placed on record, submits that based on the complaint of one P.Madhava Reddy-fourth respondent in the present writ petition, the third respondent has already registered a case in Cr.No.66 of 2019 under Section 406 I.P.C dated 26.01.2019 wherein the petitioner herein has been arrayed as accused. Learned Assistant Government Pleader by the said written instructions submits that notice under Section 41-A Cr.P.C was served on the petitioner in the month of July, 2019, to which the petitioner also submitted his explanation and the investigation is in progress. Learned Assistant Government Pleader further submits on behalf of the third respondent that except conducting the investigation into the above crime in accordance with law, the respondent authority never summoned the petitioner nor asked him to sit hours together in the police station. 4.

Having regard to the above said specific assertions made on behalf of respondent No.3, no further orders need be passed in the writ petition.

5.

Accordingly, the writ petition is closed. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

_____________________ JUSTI CE T.VI NOD KUMAR Date:07.02.2020 grk