Jay Singh Jadav v. The State Of Telangana

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION Nos.46392 of 2016 and 2169 of 2017 COMMON ORDER:

Both these writ petitions are being disposed of by this common order as they are inter-connected and arise out of the same cause of action. W.P.No.2169 of 2017 is filed challenging registration of Cr.No.4 of 2017 by the P.S., Thirumalagiri, Suryapet District, without following due process of law, whereas W.P.No.46392 of 2016 is filed challenging the action of the 3rd respondent therein in visiting the house of the petitioner and calling her to the Police Station.

It appears that the daughter-in-law of the petitioner in W.P.No.46392 of 2016 filed a complaint under Section 498-A IPC, pursuant to which Cr.No.4 of 2017 was registered. In connection with the said crime, Police were investigating the matter.

The writ petitions were filed, apprehending arrest in connection with the said crime without following due process of law. It is needless to observe that whenever a crime is registered, Police should follow due process of law while investigating the crime and if they intend to arrest any person, they have to take appropriate proceedings under Section 41-A of Cr.P.C.

With the above observations, both the writ petitions are disposed of. Pending miscellaneous petitions, if any, shall stand closed. No costs.

____________________________ A. RAMALINGESWARA RAO, J January 30, 2017 MRR