Bonagiri Malla Reddy v. The State Of Telangana And 2 Others

THE HONOURABLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.20394 of 2019 ORDER:

This writ petition is filed questioning the action of the 3rd respondent in repeatedly calling the petitioner to the Police Station without there being any valid reason.

2.

Heard Sri G.Prem Kumar Reddy, learned counsel for the petitioner and learned Government Pleader for Home. 3.

Learned Government Pleader on written instructions, dated 19.09.2019, submits that initially basing on the complaint lodged by one Chindam Thirupathi, Crime No.173 of 2016 of Jaipur Police Station, Adilabad District, was registered for the offence under Section 304-A IPC on 20.09.2016 against the petitioner and charge sheet was also filed before the Judicial First Class Magistrate at Chennur, Mancherial District (new District), Ramagundam Commissionerate and the case is numbered as C.C.No.357 of 2016 and it is pending for trial. Later, a complaint, dated 30.03.2019, has been lodged by the mother of the deceased suspecting the involvement of the petitioner herein for causing death of her son not on account of rash and negligent driving, but her daughter-in-law in collusion with the owner of crime vehicle committed murder with pre-plan by hitting the deceased with Tavera Vehicle and they are responsible for the death of the deceased. Basing on the said complaint, dated 30.03.2019, a General Diary entry was made at Page No.175 and in

connection with the said complaint, the petitioner was being called to the Police Station for further investigation into the matter. 4.

Since it is alleged by learned counsel for the petitioner that on more than five occasions, the petitioner has been called to the Police Station and is being subjected to harassment without any valid reason, the 3rd respondent is hereby directed not to interfere with the life and liberty of the petitioner without following due process of law. However, the 3rd respondent is permitted to proceed with the investigation pursuant to the complaint made by the mother of the deceased, dated 30.03.2019, and act in accordance with law. 5.

With the above directions, the writ petition is disposed of. Miscellaneous petitions pending, if any, shall stand closed. No costs.

___________________ T. VINOD KUMAR, J 23rd September 2019 mar