High Court for State of TelanganaWP/16934/2013dismissed no costs

K. Rajaih v. Sub Inspector Of Police,

2019-12-03P.Keshava Rao3 pages

HONOURABLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.16934 OF 2013 ORDER (ORAL) :

The prayer in the writ petition is as under:

"...it is therefore prayed that this Honorable High Court may be pleased to issue a writ, order or direction, more in the nature of writ of mandamus, declaring the action of the respondents in harassing, threatening and assaulting the petitioner and interfering with the personal life and liberty of the petitioner and insisting the petitioner to execute a document in favour of the party respondent and her children for the property held by the petitioner and his mother as highly arbitrary, illegal, discriminatory and malafide violating Article 14 and 21 of the Constitution of India and consequential direct the respondents restraining the respondents from interfering with the personal life and liberty of the petitioner, except following the due process of law, including insisting the petitioner to execute document in favour for the party respondent for the property which the petitioner and his mother are in possession..."

2. There is no representation on behalf of the petitioner.

3. Heard learned Government Pleader for Home appearing for respondent Nos.1 to 5, and perused the material on record.

4. Learned Government Pleader for Home appearing for respondent Nos.1 to 5 has placed on record the written instructions dated 21.06.2013 issued by the Assistant Sub Inspector of police, Cheryal Police Station, Warangal District. A perusal of the written instructions reveals that the official respondents - police have never interfered with the matrimonial dispute between the petitioner and respondent No.6, who are husband and wife. In fact, respondent No.6 lodged a complaint against the petitioner on 16.05.2013 with the 2nd respondent stating that the petitioner had harassed and threatened her for additional dowry and, therefore, to take necessary action against him.

Based on the said complaint, when the 2nd respondent enquired into the matter in detail, as it was revealed that there was matrimonial dispute between the parties, advised the 6th respondent to approach the Court of law. The allegations of the petitioner that the official respondents - police have harassed, threatened and abused him in the police station are far from truth and baseless. It is further stated that except receiving the complaint from respondent No.6, the official respondents - police have never interfered in the matrimonial dispute between the petitioner and the 6th respondent.

5. In the aforestated circumstances, this Court is of the opinion that there are no merits to entertain this writ petition and the same is liable to be dismissed.

6. Accordingly, the writ petition is dismissed. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition stand closed.

____________________ P. KESHAVA RAO, J December 3, 2019.