Dasari Paramesh v. The State Of Telangana
HON'BLE SRI JUSTI CE A.V.SESHA SAI W .P.No.3 7 9 0 2 of 2 0 1 8 ORDER: - When the matter is taken up, the written instructions furnished by the Station House Officer, Jeedimetla P.S., Cyberabad Commissionerate, dated 28.11.2018, are placed on record by the learned Government Pleader. The said instructions read as under: - "At the outset, it is submitted that unless there is a Court Order, Police protection cannot be given to an individual much less the petitioner herein. The petitioner herein without producing any Court Order, seeking for Police protection. Moreover, there is no threat perception to the petitioner, as claimed by him and he is not entitled to seek Police protection. Just because he is making RTI applications, ipso facto, he would not accrue any right for asking Police protection.
It is submitted that the Police have not registered any false cases against the petitioner. He is involved in the following cases of Jeedimetla Police Station.
1) Crime No.967/ 2016 under Sections 420, 448, 427 r/ w 34 I.P.C., dated 29.12.2016 In this case, the petitioner is A.1. The A.1 along with A.2 to A.6 grabbed the complainant property and constructed a church. The case is under investigation.
2) Crime No.110/ 2017, u/ s.385 and 506 I.P.C., dt.22.01.2017 In this case, the accused including the petitioner herein, made RTI petitions to the DEO, MEO, GHMC etc., against the complainant school and
for withdrawing said RTI Petitions, demanded Rs.5.00 lakhs from the complainant. The case is under investigation.
3) Crime No.110/ 2017 u/ s.385, 506 I.P.C., dated 22.01.2017 In this case, the accused including the petitioner/ A.3 by threatening the complainant that the complainant is running school without permission demanded money and if the said demand is not fulfilled they threatened to file RTI petitions and finally taken Rs.70,000/ - from the complainant. The case was charge sheeted on 30.07.2018 and it is PT vide C.C.No.1931/ 2018.
4) crime No.335, u/ s.509 and 506 I.P.C., dated 15.04.2018 In this case, when the petitioner and other accused were constructing a room beside a church, the church members questioned their acts and on that the accused grew wild against them and threatened with dire consequences. In this case, charge sheet was filed on 27.04.2018 vide C.C.No.1303/ 2018 and it is P.T.
5) Crime No.351/ 2018, u/ s.504 and 506 I.P.C., dated 19.04.2018 In this case, the accused including the petitioner went to the church in a drunken condition, abused the complainant and church members and also threatened to kill them on the premise that they are obstructing him from construction room. This case was charge sheeted on 27.04.2018 vide C.C.No.1286/ 2018 and it is PT.
6) Crime No.497/ 2018 u/ ss.448, 427, 506 r/ w 34 I.P.C., dated 13.06.2018 In this case, the accused including the petitioner herein criminally threatened into the church place and demolished the church basement
illegally and also threatened the complainant of dire consequences. The case is under investigation. It is submitted that, under the guise of RTI activist, the petitioner is resorting to all illegal activities.
He does not deserve any Police protection.
It is submitted that the Police have not targeted the petitioner as alleged in the affidavit. In fact, there is no need for the Police to target him. The Police have no personal animosity against the petitioner herein.
It is submitted that if the petitioner perceives any threat, nothing prevented him from approaching the Police Station and making a complaint. The petitioner never lodged any report against any person till the date with Jeedimetla Police Station. This itself shows that the petitioner has no threat perception and the allegations made in the affidavit are false, baseless and concocted only for the purpose of the Writ Petition.
It is further submitted that the present Writ Petition seems to have been filed with a malafide intention to prevent the Jeedimetla Police from proceeding with further investigation in the pending cases registered against him, as above mentioned." Accordingly, the Writ Petition is disposed of, by placing on record the said instructions furnished by the Station House Officer, Jeedimetla P.S., Cyberabad Commissionerate, dated 28.11.2018, with further direction to the Commissioner of Police, Cyberabad/ R.3 to verify the representation, dated 04.09.2018, said to have been submitted by the petitioner herein and pass
appropriate Orders/ take appropriate action, strictly in accordance with law, as expeditiously as possible. Miscellaneous petitions pending, if any, shall stand disposed of. There shall be no order as to costs. ______________ A.V.Sesh a Sai, J Date: 10.12.2018 smr