M. Ramesh v. State Of Telangana, Rep. By Its Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

For the State of Telangana and the State of Andhra Pradesh W.P.NO:23676 of 2015 Between:

M.Ramesh .. Petitioner(s) And The State of Telangana and others .. Respondent(s) DATE OF JUDGMENT PRONOUNCED: 14.8.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE A.V. SESHA SAI

1. Whether Reporters of Local news papers Yes/No may be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals

3. Whether Their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment?

THE HON'BLE SRI JUSTICE A.V.SESHA SAI W.P.No.23676 of 2015 O R D E R:

This writ petition is filed under Article 226 of the Constitution of India for the following relief - " For the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon'ble Court may be pleased issue a Writ, Order, or direction more particularly one in the nature of Mandamus declaring the action of the 3rd respondent in calling the petitioner to the police station regularly and making him to sit for hours together and in interfering with his personal life and liberty as illegal, arbitrary and violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondent police not to interfere with the petitioner's life and liberty and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case." When the matter is taken up for consideration, written instructions dated 7.6.2015 furnished by the Sub-Inspector of Police, Balanagar Police Station, Balanagar, Hyderabad

has been placed on record by the learned Government Pleader for Home and the relevant portion of the same reads as under :

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

The allegation of the petitioner on 25.7.

2015 he was orally summoned to the police station by a constable of the 3rd respondent and in response to the call, he attended the police station and asked as to why he was called and that the 3rd respondent, without disclosing any reason has been detained him in the police station till the evening and while leaving him in the evening, directed him to come again on the next day also, otherwise, the police personnel would come to his house and implicate him in false criminal cases and apprehending the implication in criminal cases, he continued to attend the police station on 26th and 27th also and as usual, the police made him to sit in the police station till the evenings and leaving with a warning to attend the police station on the next day also and when he was in the police station, the police personnel were visiting his house and enquiring about him in the surrounding areas also and despite his repeated requests, the police did not disclose any reason, for his attendance in the police station is absolutely false, baseless and hence totally denied.

It is pertinent to submit that the petitioner is not at all required in any cases registered on the file of Balanagar Police Station. This respondent never sent any of the constables to the residence of the petitioner herein nor summoned him to the police station or detained him from morning to till evening as alleged.

I humbly submit that as a precautionary measure to prevent the police from taking any action in the event of lodging of any complaint in future, the petitioner filed the present writ petition with exaggerated and false allegations."

Noticing the said instructions, learned counsel for the petitioner requests to dispose of the writ petition by recording the above written instructions dated 7.6.2015. In view of the above, the writ petition stands disposed of by recording the above written instructions dated 7.6.2015 furnished by the Sub-Inspector of Police, Balanagar Police Station, Balanagar. Miscellaneous applications, if any pending in the writ petition, shall stand closed. No costs.

_______________ A.V.SESHA SAI, J Date:14.8.2015 kk

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI W.P.No.23676 of 2015 14.8.2015