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High Court for State of TelanganaWP/30815/2012dismissed no costs

P. Arvind v. The Station House Officer,

2015-06-29Sanjay Kumar2 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.30815 OF 2012 DATED: 29.06.2015 Between:

P. Arvind and another .. Petitioners And The Station House Officer, Women Police Station, Begumpet, Secunderabad, and others. .. Respondents THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.30815 of 2012 ORDER:

The grievance of the petitioners was that the 1st petitioner was illegally confined in a locked room of the Women Police Station, Begumpet, by its Station House Officer on 18.09.2012. The petitioners further sought damages in this regard quantified at Rs.5,00,000/-. The 2nd petitioner is none other than the mother of the 1st petitioner. The Inspector of Police, Women Police Station, Begumpet, filed a counter-affidavit stating that one Smt. P. Pavani lodged a complaint against the petitioners stating that her marriage was performed with the 1st petitioner in the year 2011 and that she was subjected to physical and mental abuse thereafter by her husband. Basing on the said complaint, Crime No.137 of 2012 was registered under Section 498-A I.P.C. on the file of the Women Police Station, Begumpet, wherein the petitioners were shown as the accused.

During the course of investigation, the complainant and other witnesses were examined. The Inspector further stated that it was only in the context of the investigation in the said crime that the 1st petitioner was summoned to

the police station for examination.

Though this counter-affidavit was filed as long back as on 17.10.2012, the petitioners did not choose to rebut the averments made therein by way of a reply-affidavit.

In the light of the afore-stated facts, the petitioners can have no grievance as to the alleged interference of the police. Once a criminal case was registered against them, the police were bound to conduct an investigation therein and in that context, examine the petitioners also. Needless to state, the police authorities are bound to abide by the due procedure laid down by law while undertaking this exercise. Subject to the above observation, the writ petition is dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

____________________ JUSTICE SANJAY KUMAR 29th June, 2015 IBL