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High Court for State of TelanganaWP/26609/2014dismissed no costs

Mohd Abdul Bari S/O Hafez Mohd Abdul Salam, v. Government Of Telangana Rep. By Its

2019-09-25P.Keshava Rao2 pages

HONOURABLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.26609 of 2014 ORDER:

There is no representation on behalf of the petitioner. The prayer sought in the writ petition is as follows: "... to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus and declare the action of 4th respondent herein in calling the petitioner to police station without any complaint and insisting the petitioner to sign on absolute agreement of sale in favour of the interested parties as illegal, arbitrary and against the principles of natural justice." Learned Government Pleader appearing for respondent Nos.1 to 3 placed on record the written instructions dated 15.09.2014 issued by the Sub-Inspector of Police, Pahadishareef Police Station, Cyberabad.

A perusal of the written instructions would reveal that one Shaik Abdul Raheem lodged a complaint on 24.08.2014 with the 3rd respondent stating that his sister/deceased Shahnaz @ Shakina got second marriage with one Shaik Jabbar and since one year she was suffering with ill-health. On 23.08.2014, when the complainant received information from his brother-in-law, Shaik Jabbar, that his sister got unbearable stomach pain and while shifting her to hospital for treatment she died on the way, he requested the police to take necessary action. Based on the complaint, a case in Crime No.339 of 2014 under Section 174 Cr.P.C. has been registered and investigation was taken up. Inquest over the dead body was held on 24.08.2014 in the presence of two

panchas. The postmortem examination report was awaited. It is also mentioned in the written instructions that the petitioner was summoned for the purpose of investigation. Instead of cooperating with the investigating agency, the petitioner filed the present writ petition with baseless allegations. The 3rd respondent never insisted the petitioner to sign on the document absolute agreement of sale in favour of the interested parties and the said allegation is baseless. In view of the above said facts, this Court is of the opinion that there are no merits in the writ petition and the same is liable to be dismissed.

Accordingly, the writ petition is dismissed. No costs. Miscellaneous petitions, if any, shall also stand closed. _____________________ P. KESHAVA RAO, J Date: 25.09.2019.

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