Mohamed Musthafa Kavungal v. The State Of Telanganal

HON'BLE SRI JUSTICE RAJA ELANGO Writ Petition No.42189 of 2016 O R D E R :

The Writ Petition is filed under Article 226 of the Constitution of India seeking to issue a writ or order, more particularly one in the nature of writ of Mandamus declaring the registration of the crime No.320 of 2016 of Abid Road Police Station, Hyderabad City, dated 04-11-2016 as illegal and arbitrary and consequently set aside the same. Heard and perused the material available on record. The learned counsel for the petitioner submits that without there being any complaint from any aggrieved person, the 2nd respondent by suo motu had entered into the petitioner's office on 04-11-2016 at 10.00 hours and after inspection of the said office, seized 11 Indian Passports belong to various persons, bio-data forms, entry books, visiting cards and one cool pad cell phone in the absence of the petitioner and in the presence of petitioner's Office Manager.

Having regard to the facts and circumstances of the case and also in view of the nature of offences alleged against the petitioner, this Court is not inclined to interfere with the proceedings against the petitioner. However, in view of the submissions of the learned counsel for the petitioner and as the petitioner is apprehending arrest in view of the pendency of the above crime, this Court directs the Police concerned to complete the investigation without arresting the petitioner and file the final

report in accordance with law. The petitioner is directed to appear before the Investigating officer as and when required by the investigating agency for the purpose of investigation Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

Consequently, Miscellaneous Petitions pending, if any, in the Writ Petition shall stand closed.

______________________ JUSTICE RAJA ELANGO 19th December, 2016 skmr