Nasreen Sultana v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.34916 of 2016 ORDER:

This writ petition under Article 226 of Constitution of India is filed seeking to declare the action of the 3rd respondent in not taking any action against the 7th respondent as illegal and arbitrary, and consequently, direct the 3rd respondent to take steps for arrest of the 7th respondent by shifting him from Saudi Arabia to Hyderabad-India. Heard and perused the material available on record. The main grievance of the petitioner is that though a case was registered against the 7th respondent, who is the husband of the petitioner, for the offence under Section 498-A r/ w.34 IPC, and NBWs and lookout circular are also pending against him, the respondent police have failed to arrest the 7th respondent.

The Commissioner of Police, Hyderabad City, - 3rd respondent filed counter affidavit stating that the 7th respondent is staying in abroad since the date of registration of the above case, and that during the course of enquiry, it came to know that the passport of the 7th respondent was expired by 23.06.2012, and that till date, no clearance for renewal of passport was issued by the police authorities, and also he assured this Court that the police are taking all possible steps to arrest the 7th respondent and after completing formalities, they will produce him before the Court.

Recording the said submissions made by the 3rd respondent in the counter affidavit, the Writ Petition is disposed of. No order as to costs. Pending Miscellaneous Petitions, if any, shall stand closed. ______________ RAJA ELANGO, J December 08, 2016.

KTL