Chelmela Krishna v. The State Of Telangana And 3 Others
13217 |
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION NO: 13036 OF 2019 Between:
Chelmela Krishna, S/o Pochaiah, aged about 41 years, occ. Business, r/o H.no 11-'l-1 16, LIGH-ll, APHB Colony, Kanteshwar, Nizamabad. ...PETITIONER AND The State of Telangana, rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad.
The Commissioner of Police, Nizamabad District, Nizamabad The Station House Officer, Armoor Police Station, Nizamabad District. Smt. Chilmela Harika, w/o Krishna d/o Mothe Bhoomanna, aged about 35 years, r/o H.No. 2-67 t2, Masjidi village Armoor Mandal, Nizamabad Diskict ...RESPONDENTS 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 issue an appropriate Writ, order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No. 3 herein in calling the petitioner to the police station at the behest of 4th respondent without there being any complaint or case registered against the petitioner, as being illegal, arbitrary and unconstitutional and consequently direct the 3rd respondent not to take any coercive steps without following the due process of Law, and to grant
T7 lA NO: 1 OF 2019 Petition under Section 15'1 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 3rd respondent herein not to call the petitioner to the police station or in any manner interfere with his personal lrfe and liberty, pending disposal of the main Writ Petition Counsel for the Petitioner: SRI BADDAM ARAVIND REDDY ( NOT PRESENT) Counsel for the Respondents No 1 To 3: SRI SRIOHAR BHUVANAGIRI, AGP FOR HOME Counsel for the Respondent No 4: --- The Court made the following: ORDER ":-i':;*lE<-.i&
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.13036 OF 2019 DATE:20.01.2026 Between:
Chelmela Krishna .. . Petitioner AND The State of Telangana & Others . .. Respondents ORDER:
This Writ Petition is filed with the following relief: "...to issue an appropriate Writ, order or Direction, more parlicularly one in the nature of Writ of Mandamus, declaring the action of the respondent No.3 herein in calling the petitioner to the police station at the behest of 4th respondent without there being any complaint or case registered against the pelitioner, as being illegal, arbitrary and unconstitutional and consequently direct the 3rd respondent not to take any coercive steps without following the due process of Law, and to grant......" 2.
None appeared for the petitioner.
3.
Heard Sri Sridhar Bhuvanagiri, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3. 4.
Learned Assistant Government Pleader for Home submits that the allegations made by the petitioner are unfounded. He further pleads that, tn the absence of any complaint, no case was registered, and the petitioner was not summoned to the police station at the behest of
respondent No.4. Additionally submits that, upon registration of a complaint by respondent No.4, who is the wife of the petitioner, a General Diary (G.D.) entry was made, and the presence of the petitioner was secured only for the purpose of counseling. During such counseling, as the petitioner had undertaken to take back his wife (respondent No. 4) and there was no further occasion for the respondent police to summon him. Accordingly, he submits that the contentions raised by the petitioner are without substance and prays for dismissal of the writ petition. 5.
The learned Assistant Government Pleader further submits that this Court, by order dated 28.06.2019, granted an interim direction restraining the respondent police authorities from interfering with the personal life and liberty of the petitioner, and that the police are strictly complying with the said order. Hence, he prays for passing appropriate directions 6.
I have perused the material available on record 7.
The grievance of the petitioner is that respondent No. 3 has been summoning him to the police station at the instance of respondent No. 4, without there being any complaint or crime registered against him. ln this context, the explanation offered by the respondent police is found to be reasonable. However, having regard to the limited role and jurisdiction of the police authorities, even while conducting inquiries or criminal proceedings, and in view of the subsisting interim order of this Court, the
respondent police authorities are directed to refrain from interfering with the petitioner's personar rife and riberty, save and except in strict accordance with law and by following due process. With the above direction, this Writ petition is disposed of. There shall be no order as to costs Miscellaneous Petitions, pending if any, shall stand closed. SD/. A.SRINIVASA REDDY ASSISTANT REGISTRAR //TRUE COPY// ECTION OFFICER To, 1-ThePrincipalsecretary,HomeDepartment,stateofTelangana'Secretariat' Hyderabad.
2. The Commissioner of Police' Nizamabad District, Nizamabad' 3.TheStationHouseOfficer'ArmoorPoliceStation,NizamabadDistrict.
4. One CC to SRl. BADDAM ARAVIND REDDY, Advocate IOPUC]
5. Two CCs to GP FOR HOME ,High Court for the State of Telangana at Hyderabad . [OUT]
6. Two CD CoPies DAN..- PSK 14l I I I I -=s<ias
HIGH COURT DATED:2010112026 THE S R o in.
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ORDER
(J f18 illiR t rcH i + WP.No.13036 of 2019 DISPOSING OF THE WRIT PETITION WITHOUT COSTS a .nPoA Vx,,v ^\ iIiI I