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High Court for State of TelanganaWP/8500/2019disposed of no costs

Mohammed Abdul Ghani v. The State Of Telangana

2019-04-23Shameem Akther2 pages

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER W RI T PETI TI ON No.8 5 0 0 OF 2 0 1 9 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking to declare the action of respondent No.3 in calling the petitioner to the police station at the instance of respondent No.4 and interfering with the civil disputes pending between the petitioner and respondent No.4, as illegal and arbitrary and consequently, to direct respondent No.3 not to interfere with the personal life and liberty of the petitioner. 2 .

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

3 .

Learned counsel for the petitioner would contend that without there being registration of any crime against the petitioner, at the instance of respondent No.4, the petitioner is being called to the police station and harassed unnecessarily. He would further contend that there are some land disputes between the petitioner and respondent No.4.

4 .

As per the sworn affidavit of the petitioner, no criminal case is pending against the petitioner. Without there being registration of any criminal case against the petitioner, in terms of Section 154 Cr.P.C., respondent No.3/ Station House Officer, Chevella Police Station, Ranga Reddy District, ought not to have

called the petitioner to the police station and threatened him, as alleged.

5 .

Under these circumstances, respondent No.3/ Station House Officer, Chevella Police Station, Ranga Reddy District, is restrained from calling the petitioner to the police station. So far as the civil disputes between the petitioner and respondent No.4 are concerned, the aggrieved party has to seek redressal of its grievance before a competent civil Court.

6 .

With the above observation and direction, the Writ Petition is disposed of at the stage of admission.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs. ______________________ Dr . SHAMEEM AKTHER, J April 23, 2019.

MD