Khasim Md v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION NO: 10807 OF 2020 Between:
Khasim md, S/o. Syed Jhon, Aged about 50 yrs, Occu. Business, R/o. H.No.5-3433/2 Madina Colony, BTS, Nalgonda town, Nalgonda District, Telan-g3!?,r:B,l?_ AND '1 . The State of Telangana, Rep. by its Principal Secretary Home Department, Secretariat Buildings, Hyderabad.
2. The Superintendent of Police, Nalgonda District, Nalgonda.
3.
The Station House Officer, Police Station, Nalgonda I Town, NalgondapoNDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to direction by declaring the action of the respondent authorities particularly the action of the 3rd respondent authority in frequently calling the petitioner to the Police Station, Nalgonda ltown without any case against him and without any illegality on his part as illegal, arbitrary, unlawful and also against the Municipal laws and principles of natural justice and consequently direct the respondent authorities particularly the 3rd respondent authority not to call and harass the petitioner to the Police Station, Nalgonda I town without any case against him and without illegality on his part lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent authorities particularly the 3rd respondent authority not to call and harass the petitioner to the Police Station Nalgonda I town without any case against him and without illegality on his part Counsel for the Petitioner: SRI M.
THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.1O8O7 of 2O2O ORDER:
The present writ petition is filed under Article 226 ol th.e Constitution of India for issue of a Writ of Mandamus to declare the action of 3rd respondent-Station House Officer, Nalgonda I town Police Station, in frequently calling the petitioner to the Police Station, without any case against him and without any illegality on his part, as being i11egal, arbitrary, unlawful and principles of natural justice, with a consequentiai direction to the respondent authorities, particularly 3.d respondent police authority not to call and harass the petitioner to the Nalgonda I town Police Station, without any case being registered against him. 2.
The above case is taken up for hearing today i.e., 2l .O7 .2O2O, through Video Conferencing.
3.
Heard Sri M. Saleem, learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for the respondents 1 to 3.
4 .
The learned counsel for the petitioner submits that the petitioner herein has borrowed monies from various people and invested such monies borrowed in his business activities, which the petitioner intends to repay the same by selling his property in Hyderabad. However, due to the pandemic covid-19, the petitioner is unable to proceed with the sale of said property in Hyderabad, as real estate has taken severe beating on account of lockdou.n and the general fear prevailing with the people. Learned counsel in all fairness would submit that the petitioner does not dispute his liability to repay the amounts borrowed, but could not do so as
desired because of the unexpected situation. However, he would submit that despite no case is being registered againsr rhe petitioner, the respondent police authorities are calling the petitioner to the police station and making him sit in the police station in the morning till the case being registered. Hence, approached this court through present writ petition. 5.
The learned Assistant Government Pleader for Home has forwarded to this Court by e-mail written instructions dated 21.O7.2O2O under the signature of 3.d respondent authority. By the written instructions, it is stated that on 16.07.2O2O at 08:00 hours one Jerripothula Anjamma gave a complaint stating that she is running tyre puncture shop in front of DIET and she is physically challenged person, having two children J. Upender and J. Praveen Kumar and both her sons completed graduation and are in search of jobs. While so, in the month of September, 2019 the petitioner herein came to her shop for his bike tyre puncture purpose, at that time, she disclosed about her sons being unemployed.
The petitioner herein using deceitful words, stating that he is having lands in the limits of power plant of Damaracherla, and the Government has taken his lands, will provide jobs on the compensative grounds, so he will provide said jobs to her both sons and demanded an amount of Rs. 10,00,000/- from the complainant. It is claimed in the petition, that the complainant, believing the words of the petitioner, has given an amount of of Rs.8,24,000/- in three instalments to the petitioner in the presence of mediators Krishnaiah and Achaiah. The petitioner after receiving the money, did not provide the jobs to her sons and the complainant noticing the cheating committed by the petitioner, met the petitioner on 17.03.
repay the above amount. It is stated that the petitioner issuecl two cheques, one bearing No.637224 of SBI, for an amount of Rs.3,5O,00O/- issued in the name of the complainant and another cheque issued for the equal amount of Rs.3,5O,000/- in the name of one Praveen i.e., the second son of the complainant, and the said cheques on presentation with the bank were returned due to insufficient balance. On 25.06.
2020 by receiving the acknowledgement from the bank authorities, she made a phone call to the petitioner and asking for the amount, whereupon the petitioner refused to give the amount and even said the complainant can go and tell to anybody and switched off his mobile phone and on the same day, she approached the respondent police of Nalgonda I town police station, whereupon, the petitioner agreed to return the said amount before the date of 29.06.2020, but the petitioner herein has failed to repay the amount till date. The complainant also stated in her petition that the petitioner has cheated similarly one Mohd. Moiz Baba and Faizal-ur-Rahaman in the same manner and requested to take legai action against the persons named in the complaint as per law 6.
It is stated that on receipt of the above compiaint, GD entry was made and enquiry was done and after enquiry, a case was registered in Crime No.138 of 2O2O for the offence punishable under Section 42O lPC of Nalgonda I Town Police Station against the petitioner herein. It is stated that thus, the claim of the petitioner that no case is registered against the petitioner and the respondent police authorities are calling the petitioner to the police station without any case is registered against him is a false statement and the petitioner has come up with the present writ
petition to bring pressure on the police officials and to divert them from investigating into the case.
7.
Having regard to the submissions made as above and noting that a case, vide Cr.No. 138 of 2020 is registered against the petitioner on the file of Nalgonda I Town Police Station, it is needless to mention that the 3.d respondent authority shall conduct investigation into the above crime registered strictly in accordance with law.
Subject to the above observation, the writ petition 1S disposed of. No order as to costs'
9.
Miscellaneous petitions, if any, pending in this writ petition' shall stand closed in the light of this final order' SD/.M.MANJULA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER to',1. ,nu Station House Officer, Police Statron' Nalgonda I Town' Nalgonda' 3 ?,13 33 JifE yr"t''!%T":ff[,lffi ,lx #Yne state or rera ns a na ( oUr )
4. Two CD CoPies IVBC .+-
HIGH COURT DATED: 2110712020
ORDER
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,J DISPOSING OF THE WRIT PETITION WITHOUT COSTS ti t