Syed Feroz Ali v. The State Of Telangana
[ 32e6 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRlT PETITION NO: 27340 OF 2023 Between:
Sved Feroz Ali, S/o.Sd.Liyakath Ali, Aged 35 years, Occ. Selling Court forms in' City civil Court Cnatta Baiar, Hyderabad, R/o. H.No.16-4-398' Chanchalguda, Hyderabad.
...PETITIONER AND The State of Telangana, Rep by its Principal Secretary Home Department Secretariat Hyderabad.
The Commissioner of Police, Central Crime Station At Hyderabad The Station House Officer, P.S.Dabeerpura, Hyderabad' ...RESPONDENTS Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue any order or direction writ or writs more particularly on in the nature of wRlT oF IUANDAMUS declaring the action of the Respondent No.3 directing petitioner to appear before sHo Dabeerpura by calling petitioner and his mother to their cell phones even after filing the chargesheet which is numbered as c.c.No.900202 t2o18, and threatening petitioner arid his family members that if petitioner did not went to the police station they will open the P.D.Act case against me is illegal, arbitrary and violation of principles of natural justice and consequently to direct the Respondent No.3 not to call petitioner to the police station and not to threaten petitioner and his family members on pretext of Registration of P.D.Act
lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.3 not to call petitioner to the police station and not to threaten petitioner and his family members on pretext of Registration of P.D.Act pending disposal of the above writ petition, Counsel for the Petitioner: SRI D Y L N CHARYULU Counsel forthe Respondents: AGP FOR HOME The Court made the following: ORDER
ffi THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.2734O of 2023 ORDER:
The petitioner states that he has been arrayed as accused No.1 in Crime No.l27 of 2OI7 dated 2O.1O.2O77 registered on the file of P.S.Dabeerpura for the offences punishable under Sections 420, 467, 468,47 1 read with 12OB IPC. It is stated that after concluding investigation in the said crime, respondent No.3 has also laid charge sheet vide C.C.No.2O2 of 2018 on the file of the Court of VII Additiona,l Metropolital Magistrate at Nampally. It is further stated that even after filing the charge sheet, respondent No.3 is frequently summoning the petitioner to police station and confining him for hours together stating that warrants are pending against him in C.C.No.202 of 2018. Soon after coming to know about the pendency of the warrants issued against him in C.C.No.2O2 of 2018, the petitioner is stated to have filed an application under Section 70(21 of Cr.P.C vide Cr1.M.P.No.543 of 2023 in C.C.No.202 of 20 18 and the sarne was allowed on O2.8.2O23 by recalling the NBW issued against him. The
,,-ii grievance of the petitioner is that even after the said information has been furnished to respondent No.3, he is frequently summoning the petitioner and confining for hours together in the police station.
Learned Assistant Government pleader for Home, on instructions, submits that during the pendency of the NBW issued against the petitioner, he was directed to appear in connection with C.C.No.2O2 of 2Olg pending on the file of VIII Additional Chief Metropolitan Magistrate, Hyderabad, and having come to know that the said wa_rrants have been recalled vide order 02.O9.2023 passed in Crl.M.p.No.543 of 2023 in C.C.No.202 of 2OIg, respondent No.3 is not summoning the petitioner to police station.
Recording the aforesaid submission of the learned Assistant Government pleader that the respondent No.3 is not directing the petitioner for his appeararrce, in the absence of any warrants pending against him, the _writ petition is disposed ol directing the respondents police not to harass or summon the petitioner in connection with C.C.No.2O2 of 201B except in accordalce with law.
Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. SD/. P. PADMANABHA REDDY ASSISTANT REGIS RAR //TRUE COPY// SECTI OFFICER To, '1 . The Principal Secretary Home Department The State of Telangana, Secretariat Hyderabad.
2. The Commissioner of Police, Central Crime Station At Hyderabad.
3. The Station House Officer, P.S.Dabeerpura, Hyderabad.-
4. One CC to Sri D Y L N Charyutu, Advocate IOFUCI 5.. Two CCs to GP for Home, High Court for th; State-of Telangana, at Hyderabad [OUT]
6. Two CD Copies @ TJ GJP
HIGH COURT DATED:2010212024 I
ORDER
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.>\ WP.No.27340 of 2023 " i fiAP ilt4 'n )tl :. I a ./, rt, \ l DISPOSING OF THE WRIT PETTTION WITHOUT COSTS.
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