B.Sailesh Saxena S/O B.Prakash Chand Saxena v. State Of Telangana

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.30116 of 2015 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

"to issue writ of Mandamus to declare the action of the respondents 2 to 6 herein in calling the petitioner to the police station, threatening the petitioner to withdraw from the cases and also threatening the petitioner not to discharge the professional duty of defending cases as illegal, arbitrary, null and void and for a consequential direction to the respondents 4 and 6 herein not to interfere in the discharge of the legal and professional duties of the petitioner herein." Heard Sri M.V. Suresh , learned counsel for the petitioner and learned Government Pleader for Home for respondents, apart from perusing the material available before this Court. Today, when the matter is called, written instructions, dated 22-09-2015 furnished by the Sub-Inspector of Police, Madhapur Police Station, R.R. District have been placed on record by the learned Government Pleader for Home and the said instructions read as under:

"It is respectfully submitted that as per the records, it is revealed that as of now, no complaint or case whatsoever was received or registered against the petitioner herein till date on the file of Balanagar Police Station, Cyberabad Commissiorierate.

It is submitted that the allegation of the petitioner that the respondents 4 and 6 herein at the instance of the respondents 7 and 8 herein are threatening him in the presence of the henchmen of the respondents 7 and 8 and calling him to attend the police station to discuss about the issue involved in between his clients and the respondents 7 and 8 herein is absolutely false, baseless and hence denied. The allegation of the petitioner that the 6th respondent herein

has called him over his mobile and asked him to attend the police station on 12.9.2015 as per the directions given by the 4th respondent herein is also false and hence denied. The allegation of the petitioner as per the instructions of this respondent police, he approached the respondent police station on 12.9.2015 and the 6th respondent at the instigation of the henchmen of the respondents 7 and 8 are threatening him that cases would be filed against him if he proceed to defend the cases filed on behalf of his clients is also false and hence denied. The allegation of the petitioner that he has been receiving calls on his mobile phone every day and he was asked to attend the police station in respect of the cases pending between his clients and the 7th and 8th respondents herein is also false and hence denied.

It is pertinent to submit that as a precautionary measure to prevent the police from lodging of any complaint in future, the petitioner filed the present writ petition on mere apprehension. All the allegations made in the affidavit are false, baseless and hence denied. At no point of time, this respondent police summoned the petitioner nor asked him to come along with his clients.

Hence the writ petition deserves no consideration." On noticing the above said instructions, learned counsel for the petitioner has requested this Court to record the said instructions and dispose of the writ petition. In view of the above, the writ petition stands disposed of, by recording the written instructions, dated 22-09-2015 furnished by the Sub-Inspector of Police, Madhapur Police Station, R.R. District.

Miscellaneous Petitions pending, if any, shall stand closed. There shall be no order as to costs.

___________________ A.V. SESHA SAI, J September 23, 2015 Pn

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.30116 of 2015 September 23, 2015 Pn