Sri. R.Satheesh v. The State Of Telangana

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.32155 of 2018 ORDER:

This Writ Petition is filed, under Article 226 of the Constitution of India, seeking to declare the action of the respondents in pressuring the petitioner to settle the disputes pending with the 7th and 8th respondents, by repeatedly calling him to police station, as arbitrary and illegal.

2.

Learned Assistant Government Pleader for Home produced written instructions, wherein it is stated that basing on the report of one Pijus Kumar Biswas, the police registered a case in Crime No.305 of 2018 under Section 420 IPC on 28.06.2018 and took up investigation. It is stated that they examined two witnesses and recorded their statements on 03.07.2018. It is stated that the police addressed a letter to the Branch Manager, Indian Bank, Shadnagar Branch, to furnish the statement of Account bearing No.6475084261 of M/s. Panduranga Agro Farms from 01.01.2018 to till date and also requested to freeze the said account till completion of investigation. The other allegations averred in the affidavit filed in support of the petition are denied. It is not mentioned in the written instructions whether the petitioner was intimated or issued any notice before freezing of account or followed any procedure under Section 41-A Cr.P.C., and learned counsel for the petitioner complains of the same. 3.

Recording the submissions made in the written instructions, the Writ Petition is disposed of directing the respondents to follow the guidelines laid down by the Apex Court in Arnesh Kumar v. State of

Bihar and another1 while investigating into the crime and not to pressurize the petitioner to settle the civil disputes pending between him and the unofficial respondents.

4.

With the above direction, the Writ Petition is disposed of. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ___________________________ A.RAJASHEKER REDDY, J SEPTEMBER 20, 2018 Note:

Furnish C.C. within three days.

(b/o) YVL 1 1 2014(8) SCALE 250

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.32155 of 2018 Date:20.09.2018 YVL