High Court for State of TelanganaWP/24849/2019closed no costs

Gadeveni Ganesh v. The State Of Telangana

2019-11-26T.Vinod Kumar3 pages

HONOURABLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.24849 OF 2019 ORDER (ORAL) :

This writ petition is filed by the petitioner seeking to declare the action of respondent No.4 in harassing him and threatening him to arrest without following the due process of law as being illegal, arbitrary and unjust.

2. Heard Sri B. Ramulu, learned counsel for the petitioner, and learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 4, and perused the material on record.

3. The learned Assistant Government Pleader for Home based on the written instructions dated 22.11.2019, a copy of which is placed before this Court, submits that on the complaint of unofficial respondent No.5 herein against the petitioner, a case was registered against the petitioner in Crime No.90 of 2019 for the offences punishable under Sections 354-D and 506 of Indian Penal Code, 1860 (for short 'IPC') on the file of respondent No.4 on 11.07.2019. He submits that during the course of investigation in the said crime, respondent No.4 examined the witnesses and recorded their statements. While the said case was under investigation, the unofficial respondent No.5 approached the 4th respondent on 10.09.2019 at 15.00 hours and lodged a petition against the petitioner stating that on 08.09.2019 at 09.53 hours, the petitioner sent her obscene video to the mobiles of her father and brother-in-law through

whatsapp. She also complained that the petitioner sent a text message to her father abusing her in filthy language and is threatening her stating that he will share that video with others to insult her. Learned Assistant Government Pleader for Home further submits that based on the complaint of respondent No.5, respondent No.4 had conducted investigation and filed a memo before the learned Judicial Magistrate of First Class, Sulthanabad on 10.09.2019 for adding the offences under Section 67-A of Information Technology Amendment Act 2008 and Section 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, to the existing offences punishable under Sections 354-D and 506 of IPC under which the petitioner is charged in Crime No.90 of 2019. The learned Assistant Government Pleader further submits that the case against the petitioner is under investigation and the authorities are taking steps to arrest the petitioner in accordance with law.

4. In view of the aforesaid submissions of the learned Assistant Government Pleader for Home made on behalf of the official respondents, this Court is of the view that no further orders are required to be passed in the matter.

5. Therefore, recording the submissions of the learned Assistant Government Pleader for Home, the writ petition is closed. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition stand closed.

_______________________ T. VINOD KUMAR, J November 26, 2019.