Dr.K.S.Giftson, And 2 Others v. The State Of Ap., Dept Of Home., And 3 Others

THE HON'BLE SRI JUSTICE P.KESHAVA RAO WRIT PETITION NO.6578 OF 2012 ORDER:

There is no representation on behalf of the petitioner. The prayer sought in the writ petition is as under: "...............Writ of Mandamus under Article 226 of Constitution of India declaring the action of the respondents in calling the petitioners to the Police Station and harassing them without any crime being registered, as illegal, arbitrary and in violation of the rights guaranteed under Articles 14 and 21 of the Constitution of India and to pass such other......" When the matter is taken up for hearing, learned Government Pleader appearing for respondents 1 to 3 placed on record the written instructions dated 17.09.2019 issued by the Sub-Inspector of Police, W.P.S. Begumpet, Hyderabad.

A perusal of the said written instructions would reveal that the 4th respondent herein who is the wife of the 1st petitioner lodged a complaint to the Station House Officer, W.P.S., Begumpet on 12.03.2012 stating that her husband i.e., 1st petitioner herein is harassing her physically and mentally by suspecting her character and her two sons also tortured and abused her in most filthy language. Pursuant to the said complaint, Crime No.39/2010 under Section 498-A IPC was registered.

During the course of investigation, L.Ws. 1 to 4 were examined, petitioner No.1 surrendered before the Court below on 07.02.2014 and Accused Nos.2 & 3 obtained anticipatory bail. After completion of investigation, final report was filed

before the concerned Court and after taking cognizance of the offence, the same was numbered as CC.No.92/2014 on the file of XV Additional Chief Metropolitan Magistrate, Nampally, Hyderabad.

Learned Government Pleader informs the Court that the said CC is pending trial.

Having regard to the said facts, this Court is of the opinion that no further cause would survive in the writ petition. Accordingly, the writ petition is dismissed. No order as to costs.

Pending miscellaneous petitions, if any, shall also stand dismissed.

____________________ P.KESHAVA RAO,J Date:17.09.2019 dv

THE HON'BLE SRI JUSTICE P.KESHAVA RAO WRIT PETITION NO.6578 OF 2012 Dated:17.09.2019 dv