Farhana Begum v. The State Of Telangana

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.2295 OF 2019 DATED :11.02.2019 Between :

Farhana Begum W/o.Syed Shahbaz Ahmed, D/o.M.Azizuddin, Aged about 51 yrs, R/o.H.No.19-4-8/162, Hashamabad, Bandlaguda, Hyderabad.

..

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

.. Respondents This court made the following :

- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.2295 OF 2019 ORDER :

Heard learned counsel for petitioner and learned Government Pleader for home for respondents 1 to 5. 2.

This writ petition is filed alleging that respondents 4 and 5 are interfering with the life and property of petitioner and threatening to vacate the house property belonging to petitioner and to handover the same to the 6th respondent. 3.

In Paragraph No.6 of the affidavit filed in support of the writ petition, petitioner alleges that officials of the 5th respondent illegally detained the petitioner and her sisters for 16 hours in their office on several occasions in the month of January and continuing the same till today and threatening to vacate the property. It is further alleged that 5th respondent is putting lock to her property during the time of illegal detention. 4.

In the written instructions furnished by the Sub-Inspector of Police, Chandrayanagutta Police Station, Hyderabad, dated 11.02.2019 he states that on the complaint given by the 6th respondent, Crime No.6 of 2019 is registered for the offences punishable under Sections 418, 468, 452, 120(b) r/w.34 of Indian Penal Code. He also denies the allegation that police are harassing, threatening and illegally dispossessing the petitioner. He also denies the alleged detention of petitioner and her sisters. 5.

Though a crime is registered and police have right to investigate into the allegations made into the crime, police cannot detain the petitioner without due process of law nor

- 3 - threaten the petitioner or inmates with dire consequences and threaten them to dispossess or lock the property. These are purely civil disputes and police cannot interfere in civil disputes. 6.

Thus, the Writ Petition is disposed of directing the police to follow due process of law, while conducting investigation into the crime registered and shall not involve in civil disputes between the petitioner and 6th respondent.

Pending miscellaneous petitions shall stand closed.

__________________ P.NAVEEN RAO,J 11th February, 2019 Rds