Khaja Bilal Hamed v. State Of Ts

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.23464 of 2018 ORDER:

This writ petition is filed aggrieved by the action of the respondents 3 and 4 in preventing the petitioner from surrendering before the concerned Magistrate in connection with FIR.No.178 of 2018, dated 03-06-2018.

Learned Assistant Government Pleader for Home basing on written instructions states that though the petitioner already moved bail application, but the said aspect is not mentioned in the writ affidavit.

Learned counsel for the petitioner says that without informing the bail application is filed.

The petitioner has alternate remedy of moving bail application, which he has moved according to Government Pleader and again cannot invoke the jurisdiction of the Court under Article of Constitution restraining the police from arresting the petitioner for the purpose of investigation, more so the petitioner is A-1 in the crime registered for the offence punishable under Section 302 IPC.

In view of the same, no direction as prayed can be given in the writ petition. However, it is open for the petitioner to surrender before the Magistrate concerned, if he wants. Accordingly, the writ petition is dismissed. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 18-07-2018 Nvl