Sri. Syed Mohammed Ilyas Ali (Rehan) v. The State Of Telangana

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER W RI T PETI TI ON No.1 1 5 5 5 of 2 0 2 2 ORDER:

This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner, seeking a writ of mandamus to declare the action of respondent Nos.3 to 5 in calling the petitioner to the police station and making him sit for hours together, obtaining signatures on blank papers and cheques at the behest of unofficial respondents, as illegal and arbitrary.

2.

Heard the learned counsel for the petitioner, learned Assistant Government Pleader for Home appearing for the respondent Nos.1 to 4 and perused the record. 3.

The grievance of the petitioner is that without there being registration of any crime against him, the respondentpolice are unnecessarily calling him to the police station and harassing him, which is illegal and arbitrary and seeks a direction to restrain the respondent-police from interfering with the personal life and liberty of the petitioner, so also, calling him to the police station, etc.

4.

Learned Assistant Government Pleader for Home, on written instructions, would submit that on a complaint given

by respondent No.7, a case in Crime No.46 of 2022 of CCS DD, Hyderabad, was registered for the offences under Sections 406 and 420 of IPC and investigation is under progress.

5.

In the course of submissions, it is brought to the notice of this Court that there are money disputes between the petitioner and respondent No.7 and those disputes are purely civil in nature and the respondent-police has no jurisdiction to take coercive steps in relation to the money disputes between the parties.

6.

Under these circumstances, the respondent-police are directed to investigate into the subject crime, strictly, in accordance with law and shall not pressurize the petitioner, in any manner, to settle the civil dispute with the respondent No.7.

7.

With the above direction, the Writ Petition is disposed of.

Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.

______________________ Dr . SHAMEEM AKTHER, J Date: 07.03.2022 ssp