Jogiparthi Mukkanteswara Rao v. The State Of Telangana
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\ HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) FRIDAY ,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 3s943 OF 2021 Between:
{gsiparthi Mukkanteswara Rao, S/o. Venkatramaiah, Age- 50 Years, Occ- Business, Rl/o. H.No. 11-8011 , Johnpahad Road, Piduguralla, Guntur District, Andhra pradesh state.
...PETITIONER AND The State of -Telangana, represented by its Principal Secretary, Home (Police) Department Secretariat Buildings, Hyderabad.
The Superintendent of Police, Nalgonda, Nalgonda District. The Station House officer, Chandur Police station, At Chandur, Nalgonda District, J Md Habeeb, S/o. Janimiya, Age- 47 Years, Occ- working as Revenue lnspector (Civil Supplies) at Nampally, Ri/o. Nampally Town and Mandal, Natgonda District. RESPONDENTS Petition under Arttcle 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed there with, the High Court may be pleased to issue an appropriate writ, order or direction, more in the nature of Writ of Mandamus, declaring the action of the respondent no. 3 in interfering with the personally liberty of the petitioner by everyday calling the petitioner to the Police Station without there being shown petitioner is as an accused in the Crime No.206 ot 2021 , daled.
l1-12-2021, on the file of Chandur Police station, Nalgonda District, calling the petitioner to the police station and making them to sit hours together as being illegal, arbitrary and is in violation of article 21 of the Constitution of lndia even without following the law declared by the Hon'ble Supreme Court as being illegal, arbitrary and is in violation of Article 21 of the Constilution of lndia and consequently please direct to 3rd respondent to following the guidelines issued by the Honble Supreme Court in the judgment of Arnesh Kumar Vs.
state of Bihar if shown the petitioner is as an accused in the above crime, pending disposal of the above writ petition lA NO: 1 OF 2021 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 interfere with the personal liberty of the petitioner by everyday calling the petitioner to the Police Station without there being shown petitioner as an accused in the Crime No.206 of 2021, dated.
of Chandur Police stat tn, Nalgonda District., if the 3rd respondent shown petitioner is as an accused in the above crime, please direct to 3rd responcent to following the guidelines issued by t re Honble Supreme Court in the judgment of Arnesh Kumar Vs. state of Bihar, pen, ing disposal of the above writ petition Counsel for the Petitir ner SRI. LAXMAIAH KANCHANI : ASSISTANT GP F()R IIOME Counsel for the Respc ndents Nos. 1 to 3 Counsel for the Respc ndents No. 4 : ORDER The Court made the fc lowing
, ( THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.35943 of 2O21 ORDER:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home.
2.
The grievance of the petitioner is that the respondent No.3 is interfering with the liberty of the petitioner by calling him to the police station everyday in connection with Cr.No.206 of 2O2t registered by the Chandur Police Station, Naigonda, wherein the petitioner is not arrayed as an accused, 3.
Learned Assistanl Government Pleader For Home submi!!ed that there is no interference by the respondent No.3 with the life and liberty of the petitioner.
r 4.
Recording the above submissions, the writ petition is disposed of directing the respondent No.3 to follow the procedure contemplated under Section 41-A Cr.P.C. and the guidelines issued by the Supreme Court in ARNESH KUMAR v. STATE OF BIHART, in case, a crime is registered against the petitioner and if he is required for the purpose of investigation.
Pending miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
SD/-K.SAILESHI ASSISTANT REGISTRAR {2/+)t,rcc 2v?
//TRUE COPY'
q, SECTION OFFICER To, Principal. Se_cretary Home (Police) Department, The State of Telangana, Secretariat Buildings, Hyderabad.
The Superintendent of Police, Nalgonda, Nalgonda District. The station House officer, chandur Police station, At chandur, Nalgonda Distric.. (;afl * - -
4. Md Habeeb, S/o. ianimiya, Age- 47 Years, Occ- working as Revenue lnspector (Civil Supplies) at Nampally, Rl/o. Nampally Town and tVandal Na gonda District
5. One CC to SRl. I AXMAIAH KANCHANlAdvocate [OPUC]
6. Two CCs to GP I OR HOME ,High Court for the State of Telangana At Hyderabad. [OUT
7. Two cd copies
8. One spare copy Msl SW
HIGH COURT DATED:31 l12l2t)21 -.t=:\\ ;e sra7E c;\
ORDER
WP.No.35943 c f 2021 t)') '-) f 2s Jr![u{}u -1, .a DISPOSING OT THE WRIT PETITION WITHOUT COS TS v I I