Thakur Seethal Singh v. The State Of Telangana And 4 Others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD , (Special Original Jurisdiction) MONDAY ,THE SEVENTH DAY OF IVARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 10732 OF 2022 Between:

THAKUR SEETHAL SINGH, S/o Takur Jaswanth Singh, Aged 48 years, Occ Business, R/o H.No. 9-1-34191A, Bapunagar, Opp Kosaraju Hospital, Langer house, Golkonda, Hyderabad.

...PETITIONER AND The State of Telangana, rep through The Principal Secretary, Home Department, Secretariat buildings, Hyderabad. The Deputy Commissioner of Police, Madhapur Zone, Cyberabad Police The Asssistant Commissioner of Police, IVladhapur, Cyberabad. The Station House Officer, P.S Narsingi, Cyberabad. ( Mr. Narsing, Police Personal C/o P.S. Narsingi, Cyberabad ...RESPONDENTS Petition under Article 226 ol 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 the Respondents No.4 and 5 as illegal, arbitrary and contrary to law and consequently direct the Respondent No. 4 and 5 herein not to call the Petitioner to the Police station Narsingi, Cyberabad without following the due process of law.

lA NO: 1 OF 2022 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 direct the Respondent No. 4 and 5 herein not to call the Petitioner to the Police

Station Narsingi, Cyberabad without following the due process of law pending disposal of the writ petition.

Counsel for the Petitioner:SRl. SYED OSMAN Counsel for the Respondent No's. 1 to 4: SRI A.MANOJ KUMAR, AGP FOR HOME Counsel for the Respondent No.5:NONE APPEARED The Court made the following: ORDER

THE HON'BLE DT. ]USTICE SHAMEEM AKTHER WRIT PETITION No.10732 of 2022 9B9EB:

The petitioner herein seeks a Writ of Mandamus declaring the action of the respondent Nos.4 and 5 in unnecessarily calling the petitioner to the police station as illegal, arbitrary and consequentty direct the respondent Nos.4 and 5 not to call the petitioner to the police station, without following the due process of law.

2.

Heard both sides. Perused the record.

3.

Learned counsel for the petitioner would submit that the petitioner is unnecessarily being called to the police station by respondent Nos.4 and 5 though no criminal case is pending against , Ii him, which is illegal arbitrary. He sought a direction to the respondent Nos.4 and 5 to refrain from calling the petitioner to the police station, without following due process of law. 4.

On the other hand, learned Assistant Government Pleader for Home, on written instructions, would submit that one Shereshbabu Gopala lodged a written complaint with Narsingi Police Station on 23.02.2022 stating that the petitioner and others have cheated him and blackmailing him with an intention to extract extra

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amount and threatened him with dire consequences. Basing on the said complaint, the respondent No.4/SHO, Narsingi police Station, made a GD entry. Respondent No.4 called the petitioner to the police station for the purpose of enquiry. 5.

In view of these circumstances, the respondent No.4/SHO, Narsingi Police Station, Cyberabad Com m issionerate, is entifled to take action, in accordance with law, in the event of breach/violation of law by the petitioner.

6.

With the above observation, the writ petition is disposed of. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed. There shall be no order as to costs. SD/-B.SATYAVATHI ASSISTANT REGISTRAR M //TRUE COPY// SECT FICER To,

1. The Principal Secretary, Home Department, State of Telangana Secretariat buildings, Hyderabad.

2. The Deputy Commissioner of Police, Madhapur Zone, Cyberabad Police.

3. The Asssistant Commissioner of Police, Madhapur, Cyberabad.

4. The Station House Officer, P.S Narsingi, Cyberabad.

5. One CC to SRl. SYED OSMAN Advocate [OPUC]

6. Two CCs to GP FOR HOME ,High Court for the State of Telangana. [OUT]

7. Two CD Copies.

8. One Spare Copy.

Gfu'- SB

HIGH COURT DATED:0710312022 -,...,.: :-t I 1. , e Joo il9 APB E2 0 ':.:;.r,.,

ORDER

WP.No.10732 ol 2022 DISPOSING OF THE WP WITHOUT COSTS.

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