Devi Bhimaiah v. State Of Telangana,
HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No. 591 of 2017 Order:
This Writ Petition was filed challenging the high-handed action of the fourth respondent in calling the petitioner to the Police Station daily and detaining him there from evening till 11.00 PM and harassing him though his name did not figure in the FIR No.5 of 2015, dated 12.01.2015, on the file of the fourth respondent. A counter affidavit is filed stating that the petitioner worked as VRO of Jilleda village along with the Tahsildar, Vemanapally Mandal at relevant point of time and he issued pahani for the year 2010-11 on 21.08.2011 stating that Accused No.1 was having Ac.2-00 of land in Survey No.94/10 which is the basis for giving compensation amount to A-1 to a tune of Rs.2,42,000/-. Though initially a notice was issued under Section 41-A Cr.P.C. on 28.12.2016, the same was withdrawn.
They stated that they would conduct further investigation in accordance with law. They are going to file appropriate application before the concerned Court with a request to add the petitioner as Accused No.7. It is stated that Accused Nos.1 and 2 were already arrested and sent to judicial custody, whereas Accused Nos.4 to 6 obtained anticipatory bail. So far as the role of Accused No.3 is concerned, his role is not established and his name was deleted from the FIR.
In view of the same, the Writ Petition is closed giving liberty to the petitioner to take appropriate proceedings in accordance with law. It is needless to observe that the police shall follow due process of law so far as the petitioner is concerned till appropriate proceedings are issued by the concerned Criminal Court. There shall be no order as to costs.
As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
____________________________ A. RAMALI NGESWARA RAO, J Date: 23.01.2017 Nsr