B. Vijay Laxmi v. The State Of Telangana

[ 32e61 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 34849 oF 2023 Between:

P.-Yijgy- L_axq1 WJo B. Krishna, Aged 61 years, Occupation Housewife, Fl/o. H No '18-7-455/A/232, Gowlipura, Sardar Patel Road, Charminar, Hyderibad500053. ...PETITIONER AND The State of.Telangana, Rep by its Principle Secretary, Home Department, Secretariat, Hyderabad

2. The Commissioner of Police, Rachakonda District, Telangana.

3. The Station House Officer, Uppal police station, Ranga Reddy District, Rachakonda Commissionerate. Telangana.

...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus Directing Respondent No. 3 Not to call the petitioner to police Station, Unless following due Process of law. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affi<Javit filed in support of the petition, the High Court may be pleased to Direct Respondents No.3 to stay on all further proceedings against the petitioner pending disposal of the writ petition.

Counsel for the Petitioner: SRI RACHAKONDA RAMAKRISHNA Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER

HON'BLE SRI JUSTICE C.V. BHAST(AR REDDY WRIT PETITION No.34849 of 2023 ORDER:

i i This Writ Petition is filed praying this Court to issue a I direction to respondent No.3 not to call the petitioner to the police station unless following due process of law. 2.

The case of the petitioner is that the respondentspolice, without registering any case are frequently calling her to tl.e police station and confining her to sit for hours together. It is the specific case of the petitioner that on 06.L2.2023, 1I.12.2023, 19.12.2023 and 22.L2.2023, the Sub-Inspector of Police, Uppal Police Station, Rachakonda Commissionerate, called her to come to Uppal police Station and sent two police constables to her house stating that her presence is required for the purpose of investigation, but when she made enquiry, they have not \ \ I i disclosed about any crime.

3.

Learned counsel for the petitioner vehemently contended that the respondents-police are not having any power or authority to call the petitioner to the police station in the absence of any crime that too without following the

CVBR. J wp 34E49 2023 procedure contemplated under Section 41-A of Cr.P.C. ald the guidelines issued by the Hon'ble Apex Court in Antesh Kumar Vs. State of Bihart.

4.

In view of the said submissions, this Court, deems it appropriate to dispose of the writ petition, directing the respondents-police to follow the procedure contemplated under Section 41-A of Cr.P.C. and the guidelines issued by the Hon'ble Apex Court in Araesh Kumqlb ccrse (supra), if the presence of the petitioner is required for the Purpose of investigation in any crime.

5.

With the above observations, this Writ Petition is disposed of. No costs.

6.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

' 1zott18 scc 273 SD/- V.HARI P AD ASSISTANT REGIS R //TRUE COPY// SECTION O ICER To,

1. The Principle Secretary, Home Department' Secretarht' Hyderabad' State of Telangana.

Z. in Cimrissioner of Police, Rachakonda District' Telangana'

5. Tne Station House Officei, Uppal police station' Ranga Reddy District' Rachakonda Commissionerate' Telangana'

+. One CC to SRI RACHAKONDA RAMAKRISHNA' Advocate pPqcl s. rwo ccs to Gp FOR ioNae, Higt court for the state of Telangana at Hyderabad [OUT] Two CD CoPies BSR GJ \^,t*-

HIGH COURT DATED: 2811212023 E STA}€.

2 I JAll 202[ q o r) * c/l SFa{i * cE o

ORDER

WP.No.34849 of 2023 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS fi