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High Court for State of TelanganaWP/6361/2018disposed of no costs

Mittapally Ramreddy, v. Prl.Secy., Home Dept., State Of T.S.,

2018-02-27A V Sesha Sai4 pages

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.6361 OF 2018 ORDER:

Heard learned counsel for the petitioner and the learned Government Pleader for Home (TG) appearing for the official respondents.

2.

When the matter is taken up, written instructions, dated 26.02.2018, furnished by the Sub-Inspector of Police, Dharmaram Police Station, Karimnagar District are placed on record by the learned Government Pleader for Home. According to the said instructions, on the complaint of respondent No.3, Crime No.16 of 2018 on the file of Dharmaram Police Station under Sections 447 and 427 I.P.C. has been registered against the petitioner and investigation is taken up. The said instructions further read as under:- "During the course of investigation, the investigation officer examined as many as six (6) witnesses including the complainant/3rd respondent herein and recorded their detailed statements. As part of investigation into the case, notice U/sec.41-A Cr.P.C dated 7.2.2017 was issued to the petitioner herein requesting him to appear in person and to cooperate with the investigating agency.

On 15.2.2018, the petitioner/alleged accused has himself voluntarily approached this respondent police station and appeared before the investigation officer. Upon which, the investigation officer interrogated him. During the course of interrogation, the petitioner/accused has admitted his guilt in the commission of offence. The investigation officer immediately let him off with

instructions to approach the investigating agency as and when required by it.

As per the evidence, prima facie case is clearly made out that the petitioner/accused has committed the offences punishable U/secs.447 and 427 IPC. Almost the investigation is completed. Appropriate report will be filed before the concerned Hon'ble Court at the earliest. It is pertinent to submit that except registration of the above crime on the cognizabe complaint of the complainant/3rd respondent herein and proceeding with the investigation as contemplated under law, this respondent never interfered with the personal liberty of the petitioner/accused herein.

It is submitted that the allegation of the petitioner that from the date of registration of FIR No.16/2018, this respondent police and his staff are harassing by calling him to the police station making him to sit hours together on the pretext of investigation into the case even though he was enlarged on bail 29.1.2018 is absolutely false, baseless and hence denied. It is submitted that the allegation of the petitioner that on 30.1.2018 one Mr.Amzad who is Asst.Sub Inspector of Police in this respondent police station has called him over phone on 30.1.2018 and directed him to cover over to the police station and when he went here he was made to sit till date in the evening even without considering his advanced age and thereafter on 7.2.2018 Mr.Azad ASI has come to his residence at about 6.00 p.m and insisted upon to settle the dispute with the 4th respondent herein or else false cases would be foisted against him while going back at about 6.45 p.m is absolutely false, baseless and hence denied."

3.

On noticing the same, it is requested by the learned counsel for the petitioner to place on record the above instructions and to dispose of the writ petition.

4.

Recording the said submission, the Writ Petition is disposed of, by placing on record the written instructions, dated 26.02.2018, furnished by the Sub-Inspector of Police, Dharmaram Police Station, Karimnagar District. There shall be no order as to costs. 5.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE A.V.SESHA SAI Date : 27.02.2018 AMD

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.6361 OF 2018 Date: 27.02.2018 AMD