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High Court for State of TelanganaWP/34341/2014dismissed no costs

K. Chandra Shekar v. The State Of Telangana,

2020-01-07P.Keshava Rao2 pages

THE HONOURABLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.34341 of 2014 ORDER:

Heard learned counsel for the petitioner as well as learned Government Pleader appearing for respondent Nos.1 and 2. 2.

The prayer sought in the writ petition is as under:- "....to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondent no.2/3 in calling the petitioner to the Police Station and harassing physically and mentally and getting a Rs.100/- Non-Judicial stamp paper executed in favour of the respondent no.4 on 3.1.2014, as if the petitioner has to pay a sum of Rs.11,75,000/- in favour of the respondent no.4 and also harassing the father of the petitioner by sending constables to his home is nothing but arbitrary, illegal, null and void and violative of Articles 14, 19 and 21 of the Constitution of India. Consequently, direct the respondent no.2/3 not to call and not to harass the petitioner and not to interfere with the personal liberties of the petitioner and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice."

3.

Learned Government Pleader placed on record the written instructions issued by the 2nd respondent-Station House Officer, II Town Police Station, Karimnagar.

4.

From a perusal of the said written instructions, it is revealed that the 2nd respondent has no knowledge about forming a company by the petitioner along with others and entering into real estate business and the transactions said to have been taken place between the 4th respondent and the petitioner herein or arising of disputes between them in respect of the said transaction. It is specifically denied that on 03.01.2014, the 3rd respondent sent two constables of Karimnagar II Town, who forcibly brought the petitioner to the Police Station and

forcibly got executed a deed on Rs.100/- Non-Judicial Stamp paper as if the petitioner has taken loan amount of Rs.11,75,000/- from the 4th respondent and to pay the same within a period of 45 days. It is specifically stated in the written instructions that the respondent police never called the petitioner to the Police Station at any point of time for any purpose. In fact, no complaint of whatsoever has been made by the 4th respondent against the petitioner herein before the 2nd respondent. Therefore, the question of taking action against the petitioner by the 2nd respondent does not arise. It is also further stated in the written instructions that the petitioner himself stated that there have been disputes between him and the 4th respondent with regard to the transaction of lands and in that connection, he might have been executed some documents in favour of the 4th respondent and apprehending with the 4th respondent, the petitioner approached the 2nd respondent and filed the present writ petition with all false and baseless allegations against the respondent police. 5.

In that view of the matter, this Court is of the opinion that there are no merits in the writ petition and the same is liable to be dismissed.

6.

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

Miscellaneous petitions pending, if any, shall stand dismissed. ___________________ P. KESHAVA RAO, J 7th January 2020 mar