Syed Nagula Meera, v. The Station House Officer,
THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.19984 OF 2017 ORDER:
This Writ Petition, under Article 226 of the Constitution of India, came to be filed seeking to declare the action of the first respondent in interfering with the civil disputes pending between the petitioner and R-5 in relation to custody of the minor child by name Syed Yeliyas, as illegal and arbitrary.
Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Home. With their consent, the Writ Petition is disposed of at the stage of admission itself. Since this Court is not going into the merits of the case, there is no necessity to issue notice to respondent No.5. Though various grounds are raised in the writ petition, the learned counsel for the petitioner restricts his prayer seeking a direction to respondents-Police not to interfere with the disputes, which are pending between the petitioner and R.5 with regard to custody of the minor child.
Learned Assistant Government Pleader denies the allegations made in the affidavit filed in support of the Writ Petition and submits that the respondents-Police never interfered with the disputes, which are pending between the parties, more so with regard to custody of the minor child.
Having regard to the above, the Writ Petition is disposed of directing the respondents-Police not to interfere with the dispute regarding the custody of the minor child by name Syed Yeliyas. However, if the Police intend to take any action against the
petitioner, the same shall be in accordance with the procedure established under law.
Miscellaneous petitions pending in this writ petition, if any, shall stand closed. No costs.
________________________ C. PRAVEEN KUMAR, J 23.06.2017 sur