Shaik Ismail Chesty , Riyaz v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.V.SESHA SAI W.P.NO.17729 OF 2018 O R D E R :

When the matter is taken up, the written instructions furnished by the Sub Inspector of Police, Sanathnagar Police Station, Cyberabad, dated 19.12.2018, are placed on record by the learned Government Pleader. The said instructions read as under: "It is submitted that the petitioner contended that the respondent No.3 Station House Officer, Sanathnagar Police Station, Cyberabad called and detailed the petitioner in the police station and insisted the petitioner to handover the custody of his daughter to his mother-in-law i.e. respondent No.4 Pasupuleti Sarojini and further directed the petitioner to come to the police station on 19.05.2018 without registering any crime is incorrect and baseless.

It is submitted that the respondent No.4 lodged a private complaint under Section 200 Cr.P.C. against the petitioner and others before the Hon'ble XXIV Metropolitan Magistrate, Kukatpally, Miyapur, Cyberabad and upon receipt of the same, a case was registered as Crime No.136/2018 dated 15.03.2018 for the offences U/s 306, 498-A IPC and Section 156(3) Cr.P.C.

The sum and substance of the complaint are that the marriage of the complainant's daughter Nalini Kumari was performed with the petitioner herein on 23.01.2018. After the marriage differences were arose and the daughter of the complainant committed suicide by hanging herself to fan. The petitioner shown as Accused No.1 in the above said FIR. It is submitted that since the date of registering of FIR, the petitioner was absconding. The petitioner instead of cooperating with the investigating agency, filed the present writ petition with baseless allegations.

It is submitted that when the petitioner was absconded, the question of detaining him in the police station does not arise.

It is submitted that the petitioner contended that the respondent No.3, interfered with the life, liberty and property of the petitioner and his daughter Shaheena @ Srinidhi is incorrect and baseless. The present writ petition has been filed only to escape from the criminal liabilities of the above criminal case.

It is submitted that the petitioner is required by the investigating agency in the above FIR for the purpose of investigation, but the petitioner evading the investigation. It is submitted that the allegation of the petitioner that the 3rd respondent are incorrect, baseless, far from truth and has been created for the sake of filing the present writ petition."

On noticing the written instructions, a request is made by the learned counsel for the petitioner to place on record the said instructions and dispose of the writ petition. Accordingly, the writ petition is disposed of, by placing on record the said instructions furnished by the Sub-Inspector of Police, Sanathnagar Police Station, Cyberabad, dated 19.12.2018 with a further direction to act strictly in accordance with law. No costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_______________________________ A.V.SESHA SAI, J 26.12.2018 kvrm