S.M. Vijaya Kumar, Secunderabad, And 3 Otrs. v. The Commissioner Of Police, Hyderabad, And 2 Otrs.

THE HON'BLE SRI JUSTICE P.KESHAVA RAO WRIT PETITION NO.27848 OF 2012 ORDER:

Heard the learned counsel for the petitioners and the learned Government Pleader appearing for the respondents 1 to 3.

The prayer sought in the writ petition is as under: "...............Writ of Mandamus or any other appropriate writ, order or direction declaring the action of the respondents and their subordinate officers summoning the petitioner herein to the respective police stations on the pleas of so called enquiries/investigation and harassing and detaining them in the police stations for hours together and threatening the petitioners to register false Criminal Cases against them if they fail to fulfil their demands, as illegal, arbitrary, without jurisdiction, in violation of Articles 21 of Constitution of India, contrary to law, and further direct the respondents herein, not to summon the petitioners to any police station on the plea of enquiries/investigation without their being any pending complaint or cases and pass such other order or orders..........."

Respondent No.3 filed counter affidavit stating that on 22.08.2012, the petitioners were not summoned to Narayanguda Police Station for the purpose of investigation in other cases and they were not detained for 3 to 4 hours. The allegation of the petitioners that they were summoned frequently by various Police Stations in twin cities and harassing them is also specifically denied. It is also stated that no complaint is received or registered against the petitioners on the file of Narayanguda Police Station. Therefore, the question of summoning them to the police station may not arise. It is

further stated that the 3rd respondent never interfered with the life and liberty of the petitioners nor threatened them to come to the Police Station every day.

Though the counter affidavit is filed denying the allegations made in the affidavit filed in support of the writ petition, no reply affidavit is filed rebutting the averments made in the counter affidavit.

From the above, this Court is of the opinion that no further cause would survive in the writ petition and the same is liable to be closed.

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

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

____________________ P.KESHAVA RAO,J Date:17.09.2019 dv

THE HON'BLE SRI JUSTICE P.KESHAVA RAO WRIT PETITION NO.27848 OF 2012 Dated:17.09.2019 dv