High Court for State of TelanganaWP/28043/2015closed no costs

Rehana v. The State Of Telangana, Rep. By Its Principal Secretary,

2018-11-27P.Keshava Rao2 pages

HON'BLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.28043 of 2015 ORDER:

Heard the learned counsel for the petitioners as well as the learned Government Pleader appearing for respondent Nos.1 to 3. The prayer sought in the writ petition is as under: "...

to issue appropriate writ, order or direction particularly one in the nature of writ of mandamus declaring the action of the respondents No.3 to 5 in harassing the petitioners by coming frequently to home and calling to the police station at the behest of the 6th respondent as arbitrary, illegal and unconstitutional."

The main grievance of the petitioners is that respondent Nos.3 to 5 are harassing them by frequently visiting their house and calling them to the police station at the behest of the 6th respondent.

Respondent No.3 filed a counter affidavit denying the material allegations made in the affidavit filed in support of the writ petition and contended inter alia that one P.Venkataiah lodged a complaint on 25.07.2015 stating that his sister, Vennala, aged about 17 years, went for getting Xerox copies of some documents and did not return home. In that connection, Crime No.214 of 2015 was registered under the head "girl missing"

and investigation was taken up, which revealed that the suspected person Mohd. Rasheed (A1), resident of Irwin Village, Madugula Mandal, Mahabubnagar District, and the victim girl, Vennela, came to Hyderabad and staying at Vinay Nagar Colony, Saidabad, for the purpose of her studies. The accused, Mohd. Rasheed, developed friendship with her and hatched a plan to kidnap and marry her. In kidnapping the said girl, Mohd. Asif (A3) arranged his white colour Scorpio car bearing No.AP 10 AJ 3663 along with

its driver Nissar to A1, whereupon A1 taken away the victim girl on 27.07.2015. Finally, A1 and the victim girl were traced in Zaheerabad on 14.09.2015 and they were brought to the police station. The victim girl stated that she left her home voluntarily without informing her parents. That apart, the learned Government Pleader also placed on record the written instructions dated 26.11.2018 issued by the Inspector of Police, Saidabad Police Station, wherein it is stated that after completion of investigation, a charge sheet was filed against A1 to A4 before the learned VII Additional Chief Metropolitan Magistrate, Hyderabad, on 29.02.2016. It is also mentioned that to escape from the criminal overt acts in the commission of offence, the petitioners filed the present writ petition with false and baseless allegations.

It is specifically denied that respondent Nos.4 and 5 are repeatedly calling the petitioners to the police station and the said allegation is made only for the purpose of filing the present writ petition. Learned Government Pleader also submitted that if the presence of the petitioners is required, due process of law will be followed. Taking the said submissions into consideration, this Court is of the opinion that no further orders are required. Accordingly, the writ petition is closed. No costs. Miscellaneous petitions, if any, shall also stand closed. _____________________ P. KESHAVA RAO, J Date: 27.11.2018.