Mrs. K. Hephzibah, v. The Station House Officer Kushaiguda Police Station,
W.P.No.17567 of 2015 ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
"To issue a writ order or direction more particularly one in the nature of Writ of Mandamus, questioning the illegal action of the 1st and 2nd respondents in confining the petitioner minor children in to the house arrest by restraining their movements by the illegal police force in the house of the petitioner for the purpose of knowing he whereabouts of Petitioners husband Kosuri Srinivasa Rao as illegal, arbitrary and unreasonable and violation of Article 14, 19 & 21 of Constitution of India and consequently direct the respondents to remove illegal Police force from the petitioner house".
2. Heard Sri P.Vishnuvardhan Reddy, learned counsel for the petitioner and the learned Government Pleader for Home, appearing for respondents, apart from perusing the material available on record.
3. According to the petitioner, she is the wife of one Mr.Kosuri Srinivasa Rao, who according to the petitioner, is falsely implicated in criminal cases on the file of respondents 1 and 2. It is pleaded in the writ affidavit that the respondents are threatening the petitioner and her children to know the whereabouts of her husband and the Police Constables are not allowing the petitioner and her children to go outside of the house and not permitting any person to enter the house. It is also stated that the respondents herein illegally took custody of two wheeler vehicles of petitioner i.e. TVS Apache and TVS Jupiter and also cell phones.
4. Today, when the matter is called, written instructions dated 18.6.2015 furnished by the respondents 1 and 2 herein to the office of learned Government Pleader for Home have been placed on record by the learned Government Pleader. It is stated in the said written instructions that the husband of the petitioner is involved in cases relating to property offences. It is also stated that the husband of the petitioner jumped the bail and as the offences are occurring continuously, all probable places of visits are under surveillance. The
said instructions further deny the allegation of taking the custody of vehicles and cell-phones of the petitioner. The said instructions further deny the allegation of the petitioner that the respondents are threatening her and her children to know the whereabouts of Sri Srinivasa Rao and the Police Constables of respondents 1 and 2 are not allowing her and her children to go outside of the house and not permitting any person to enter into the house.
5. The instructions further state that neither the petitioner nor her children are required in any case registered on the files of respondents 1 and 2. It is also stated that at no point of time, the respondents harassed the petitioner or her children and bet them nor taken any articles as alleged in the affidavit. It is also stated that the petitioner, only in order to gain sympathy from this Court, filed this writ petition with false and baseless allegations.
6. On noticing the above instructions, it is requested by the learned counsel for the petitioner to record the said written instructions furnished by respondents 1 and 2.
7. For the aforesaid reasons, the writ petition is closed, by recording the written instructions dated 18.6.2015 furnished by respondents 1 and
2. As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
______________ A.V.SESHA SAI, J Date: 23.6.2015 DA
W.P.No.17567 of 2015 23.6.2015 `DA W.P.No.17567 of 2015 Date: 23.6.2015 Between:
Mrs.K.Hephzibah ... Petitioner
and The Station House Officer, Kushaiguda Police Station, Kushaiguda, Ranga Reddy and others.
... Respondents