Sri Khaja Nizamuddin v. The State Of Telangana Rep. By The Secretary,
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE SECOND DAY OF MARCH, TWO THOUSAND AND FIFTEEN :PRESENT:
THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WP .NO: 4714 of 2015 Between:
Sri Khaja Nizamuddin S/o. Late Khaja Ghaziuddin, Aged about 27 yrs, Occ : Legal Practitioner, R/o H.No.19-2-11/138, Bilalnagar, Near Zoopark, Hyderabad-53. ..... Petitioner AND 1 The State of Telangana Rep. by the Secretary, Home Department, Secretariat Buildings, Hyderabad.
2 The Commissioner of Police, Mumbai Road, Jayabheri Pine Valley, Gachibowli, Hyderabad, Telangana -32 3 The Assistant Commissioner of Police, Rajendranagar Division, Beside APSRTC Bus Depot, Rajendranagar, Rangareddy District. 4 Sri S.N Jaweed S/o. Not Known, Aged about 40 yrs, Occ : Station House Officer, Mailardevpally Police Station C/o Mailardevpally Police Station, Shivrampally, Rangareddy District., T.S 5 Sub-Inspector of Police, Mailardevpally Police Station, Shivrampally, Rangareddy District, T.S 6 Mohammed Khaja Pasha S/o Mohammed Jamal, Occ : Business, R/o H.No.19-2-21/23/2/B/18/A, Basharatnagar, Kalapather, Hyderabad.
Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue writ, order or direction more particularly in the nature of Mandamus declaring the action of respondent No. 4 in keeping the petitioner in wrongful confinement by ordering to stand in the corner of police station till evening, insulting the petitioner using filthy language against him and his law profession and calling him as lier and asking and threatening him not to come to police station ever for any cause in future and that there is no need of advocates coming to police stations or any place other than court for any purpose, further action of the respondent no.3 & 5 in not taking action against the respondent No.
4 as illegal, arbitrary and against the principles of natural justice, violation of articles 19 (g), 14 of Indian Constitution and consequently direct the respondent no.5 to forthwith register a case under section 342, 500, 504 & 506 IPC against the respondent no.4 for wrongful confining of the petitioner till evening in the corner of the police station, intentionally causing insult of petitioner before his client/ respondent no.6 and colleagues and police officers and file charge sheet within a time frame of one month and further direct respondent no.2 to suspend respondent no. 4 from service.
affidavit filed herein and upon hearing the arguments of Sri Madepalli Naveen Kumar Goud, Advocate for the Petitioner and G.P. for Home (TG) for Respondent Nos.1 to 3 & 5, the Court made the following ORDER:
The instructions received by the learned Govt. Pleader from R4 are totally dissatisfactory. R4 is also present in the Court. Hence, to enable R4 to file counter affidavit dealing with every allegation made by the petitioner, list on 16/03/15 in 'ml'. R4 shall also be present in the Court on that day. ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 Sri S.N Jaweed, Occ : Station House Officer, Mailardevpally Police Station C/o Mailardevpally Police Station, Shivrampally, Rangareddy District., T.S. (By Spl. Messenger) 2 One CC to Sri Madepalli Naveen Kumar Goud, Advocate (OPUC) 3 Two CCs to the G.P. for Home (Telangana), High Court, Hyderabad. (By Spl. Messenger) 4 One spare copy.
nnr HIGH COURT VVA,J
DATED: 02-03-2015 NOTE: List on 16-3-2015 in 'ML'
ORDER
W.P.NO. 4714 OF 2015 DIRECTION HIGH COURT Nnr Date of Drafting : 03-03-2015
VVA,J DATED: 02-03-2015 NOTE: List on 16-3-2015 in 'ML'
ORDER
W.P.NO. 4714 OF 2015 DIRECTION