G. Jagataiah v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 2906 of 2017 ORDER:

This writ petition was filed challenging the action of respondent No.3 in not allowing the petitioner to open shop/stall No.5 in Shamshabad Bus Station, Ranga Reddy District. Learned Government Pleader for Home, on the basis of written instructions, submits that based on the complaint lodged by respondent No.4, a case in Crime No. 552 of 2016 was registered against petitioner No.2. The investigation was taken up and a notice under Section 41 (A) Cr.P.C. was issued to petitioner No.2. Except registering the above crime and proceeding with the investigation, the Police never harassed the petitioners.

Learned counsel for the petitioners submits that petitioner No.1 is handicapped and he has to engage somebody to run the shop. He also submits that petitioner No.1 has nothing to do with the crime.

In view of the submissions of the learned Government Pleader and in the absence of involvement of petitioner No.1 in the crime, it is open to petitioner No.1 to take appropriate steps for engaging any other person to run the shop, provided the shop was not seized. If the shop was seized pursuant to the registration of the crime, it is

open to petitioner No.1 to approach the Police or the Court concerned for appropriate orders.

The writ petition is accordingly disposed of. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ________________________ A.RAMALINGESWARA RAO,J Dt:27.02.2017 kdl