Syed Mizabahuddin v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.11449 of 2018 ORDER:

This writ petition, under Article 226 of the Constitution of India, is filed by the petitioners seeking verbatim the following relief/s: '..to issue an appropriate Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent as arbitrary, highhanded and without any authority of law in directing the Petitioners to come to the Police Station very frequently and keeping them in the Police Station for hours together and calling them through mobile phone repeatedly with a view to pressurize them to compromise in alleged civil disputes with 4th respondent without there being any complaint or registration of crime and pass such other or further orders as this Hon'ble Court may deem fit.'

The only grievance of the writ petitioners is that they are being repeatedly called to the police station though no crime has been registered against them and that the police are interfering with their life and personal liberty contrary to the Articles of the Constitution of India. Learned Government Pleader on written instructions, dated 06.04.2018, a copy of which is placed on record, would submit that one Talib Bin Khalid Jabri, 4th respondent herein, lodged a report, on 30.03.2018, with the Inspector of Police concerned and that on that an entry in the General Diary of the Karimnagar I Town Police station was made and that as it is noticed on preliminary enquiry that the complaint relates to a money transaction, no further action has been taken and that the allegations in the affidavit filed in support of the writ petition are false and untenable and that the writ petition is filed on mere apprehensions to prevent the police from taking action in the event of registration of any crime against the petitioners.

Learned counsel for the petitioners, in reply, would submit that if the writ petition is disposed of directing the police not to call the petitioners to the police station unless a crime is registered and by following the procedure established by law the grievance of the petitioners stands redressed. Recording the submissions, the Writ Petition is disposed of directing the 3rd respondent not to call the petitioners to the police station unless a crime is registered in accordance with law.

There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

__________________________ M.SEETHARAMA MURTI, J 13.04.2018.

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