Feroz Mohammed v. State Of Telangana
[ 32e61 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 19664 OF 2023 Between:
Feroz Mohammed, S/o l\4ohammed Ghouse, Aged about - 36 years, OccPrivate Employee Rl/o presently H. No. 11-4-599, Chilkalguda, Secunderabad - 61.
,.PETITIONER AND State of Telangana, Rep. by its Principal Secretary Home Department, Office at Central Secretariat, Khairtabad, Hyderabad, T.S. The Director General of Police, State of Telangana, Saifabad, Hyderabad. The Commissioner of Police, Hyderabad, Office at Basheerbagh Hydera bad. J The Deputy Commissioner of Police, Central Zone, Hyderabad. The Assistant Commissioner of Police, Gandhi Nagar Division, Hyderabad. The Station House Officer, Gandhi Nagar Police Station, Hyderabad. b ...RESPONDENTS Petition under Article 226 of lhe 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 nature of Writ of Mandamus declaring the action of the Respondents more particularly Respondent No.
6, in harassing the Petitioner and his family members, by visiting the residence of the Petitioner at H.No.'1 1-4-599, Chilkalguda, Secunderabad, is illegal, arbitrary, unconstitutional, and gross violation of fundamental rights guaranteed under Article 21 of Constitution of lndia, and consequently direct the Respondent more particularly Respondent No.6, not to visit the residence of the Petitioner at H.No.1 1-4-599, Chilkalguda, Secunderabad, without following due process of law.
.1& lA NO: 1 OF 2023 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 Respondents more particularly Respondent No.6, not to visit the residence of the Petitioner at H.No-'1 1-4-599, Chilkalguda, Secunderabad, without following due process of law.
Counsel for the Petitioner: SRI MIRZA MAHMOOD ALI BAIG Counsel forthe Respondents: AGP FOR HOME The Court made the following: ORDER
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.!4THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT P TITION No.196 6 of 2O23
ORDER
This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, seeking the following relief: ".,.to /ssue an appropriate Writ, order or direction more particularly one in nature of Writ of Mandamus declaring the action of the Respondents more particularly Respondent No 6 in harassing the Petitioner and his family members by visiting the residence of the Petitioner at H.Nol1-4-599, Chilkalguda, Secunderabad is illegal arbitrary unconstitutional and gross violation of fundamental rights guaranteed under Article 21 of Constitution of India and consequently direct the Respondent more particularly Respondent No.6 not to visit the residence of the Petitioner at H.No.11-4-599, Chilkalguda, Secunderabad without following due process of 1aw...".
2. It is the case of the petitioner that respondent No.6 without registering any case is frequently summoning the petitioner to the police station and confining him for hours together.
3. The learned counsel appearing for the petitioner has argued that respondents-police are not having any power or authority to confine the petitioner in the police station for hours together and the said action amounts to violation of fundamental rights guaranteed under Article 21 of the Constitution of India.
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The learned Assistant Government pleader for Home appearing for the respondents on written instructions has submitted that one Rubina Sultana, has sent a complaint dated 72.07.2023 to the respondent No.6 through registered post and the sarhe was received on 15.07.2023 and entered in the petition System vide petition No.HYD/GNR _HyD/ To conduct preliminary enquiry on the said petitioner was informed to appear before the respondent No.6 but till date, he did not turn up. It is submitted that after conducting investigation on the the same reveals cognizable offence, the Ma na gem ent 150723/0oB1s.
complaint, the said complaint and if police will register a case and proceed in accordance with law.
5. In view of the above submissions, this Court deems it appropriate to direct the respondent No.6 that if the presence of the petitioner is required for the purpose of investigation, the respondent No.6 shall follow the procedure contemplated under the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar vs. The State of Bihal. Section 4lA of Cr.p.C and also With the above direction, this Writ petition is disposed of. ' lzot+; s scc zut
'4As a sequel, miscellaneous applications pending if any in this writ petition, shall stand closed. No order as to costs. SD/. K, VENKAIAH ASSISTANT REGIS //TRUE COPY'
SECTIO OFFICER I To, The Principal Secretary, Home Department, Office at Central Secretariat, Khairtabad, Hyderabad, T.S.
1.
The Director General of Police, State of Telangana, Saifabad, Hyderabad. 2.
The Commissioner of Police, Hyderabad, Office at Basheerbagh, Hyderabad. 3.
The Deputy Commissioner of Police, Central Zone, Hyderabad. 4.
The Assistant Commissioner of Police, Gandhi Nagar Division, Hyderabad. 5.
The Station House Officer, Gandhi Nagar Police Station, Hyderabad. 6.
One CC to SRI MIRZA MAHMOOD ALI BAIG, Advocate [OPUC] Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUTI 7.
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Two CD Copies 9.
BSR GJP Itl
\ \ HIGH COURT DATED: 0910812023 i z:1a.=-"- - .,-t- ._'r. i i. ., . .,
ORDER
.(\., .\/ WP.No.19664 ot 2023 t-.
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DISPOSING OF THE WRIT PETITION, WITHOUT COSTS '(9 qrL v"