G.Yadagiri v. The State Of Telangana

HON'BLE SRI JUSTI CE A.V.SESHA SAI W .P.No.3 6 2 5 3 of 2 0 1 8 ORDER: - When the matter is taken up, the written instructions furnished by the Sub-Inspector of Police, Chinthapally Police Station, Nalgonda District, dated 01.11.2018, are placed on record by the learned Government Pleader. The said instructions read as under: - "The facts of the case are that the 6th respondent Smt.G.Saraswathi had lodged a complaint on 04.07.2018 with the 5th respondent Sub-Inspector of Police, Chinthapally Police Station, Nalgonda District, wherein she stated that her marriage was performed with the petitioner herein on 04.06.2015. After the marriage, the petitioner and family members harassed her mentally and physically for additional dowry.

It is submitted that basing on the complaint of the 6th respondent, the then Sub-Inspector of Police, Chinthapally Police Station, tried to secure the presence of the petitioner for the purpose of counseling, but the petitioner evaded to cooperate with the counseling and filed the present Writ Petition with baseless allegations. It is submitted that the then Sub-Inspector of Police, Chinthapally Police Station, transferred on 07.09.2018 and the present Sub-Inspector of Police, Chinthapally Police Station took the charge on 07.09.2018 and since then the present Sub-Inspect of Police did not call the petitioner as allged by the petitioner.

It is submitted that the present Sub-Inspector of Police, Chinthapally Police Station called the 6th respondent complainant for the purpose of enquiry,

WP.36253/2018 AVSS,J she informed that she lodged the above complaint against the petitioner before the then Sub-Inspector of Police, Chinthapally Police Station and the 6th respondent stated that she is going to settle the matter before the village elders out of Police Station, since it is a matrimonial issue. If the matter has not settled out of Police Station, the 6th respondent will inform the same to the present Sub-Inspector of Police to take necessary action against the petitioner herein.

It is respectfully submitted that the contention of the petitioner that the present Sub-Inspector of Police, Chintalapally Police Station, Nalgonda District interfered with the life and liberty of the petitioner by calling him to the Police Station to settle matter with his wife i.e., the 6th respondent is incorrect, baseless, far from truth and has been created for the purpose of filing the present Writ Petition.

It is submitted that the present Sub-Inspector of Police, Chinthapally Police Station, did not interfere with the life and liberty of the petitioner by calling him to the Police Station, nor tried to settle the alleged issue as alleged by the petitioner. It is submitted that as a part of counseling, the then Sub-Inspector of Police, Chinthapally Police Station called the petitioner for the purpose of counseling only, the petitioner evaded to cooperate with the counseling.

It is submitted that if the 6th respondent lodges fresh complaint against the petitioner, necessary action will be taken as per law. In this connection, entry was made into the General Diary on 04.07.2018 and also a case was registered against the petitioner vide Cr.No.199/ 2018 under Section 498-A of I.P.C., and Sections 3 and 4 of the Dowry Prohibition Act.

WP.36253/2018 AVSS,J It is incorrect to say that at tinstance of the respondent No.6, the present Sub-Inspector of Police, Chinthapally Police Station, interfered with the life and liberty of the petitioner and forced the petitioner to settle the alleged issue with the 6th respondent, hence denied.

It is submitted that the contention of the petitioner against the respondent No.5 are incorrect and baseless."

On noticing the same, a request is made by the learned Counsel for the petitioner to place the above instructions on record and dispose of the Writ Petition.

Accordingly, the Writ Petition is disposed of, by placing on record the said instructions furnished by the Sub-Inspector of Police, Chinthapally Police Station, Nalgonda District, dated 01.11.2018.

Miscellaneous petitions pending, if any, shall stand disposed of. There shall be no order as to costs. ______________ A.V.Sesh a Sai, J Date: 15.11.2018 smr