Sachin Agarwal v. The State Of Telangana

Date : 9.4.2019 Between:

Sachin Agarwal S/o Sanjay Agarwal Aged about 27 Yrs Occ Business R/o 35171/6/A Vittalvadi Narayanguda Hyderabad & another Petitioner And The State of Telangana Rep by its Principal Secretary Home Department Secretariat Hyderabad & others Respondents The Court made the following:

ORAL ORDER:

Heard learned counsel for petitioners and learned Government Pleader for Home.

2.

Petitioners are facing three criminal cases pending in the Court of the Additional Chief Metropolitan Magistrate, Hyderabad, while so, they now allege that police constables are frequently coming to his business premises and would implicate them in false cases; threatening them with dire consequences and registration of more cases against them. Except making such vague allegations in paragraphs 5 and 6, no details are furnished. It is not stated as to why police are threatening to register more cases and to face dire consequences. No allegation of demanding illegal gratification is made in the affidavit. The allegation of police threatening to register more cases is vague and apparently is preventive action against possible registration of crime.

It is needless to observe that unless crime is registered, police cannot infringe upon the right and liberty of the person. As of now, except making vague allegations, no material is placed on record to show that police infringed upon the life and liberty of the petitioners without any basis. Writ Petition is dismissed leaving it open to the petitioners to avail the appropriate remedies as and when cause of action arises. No costs. Miscellaneous petitions, if any pending, are closed.

Date : 9.4.2019