Md. Khaja Pasha v. State Of Telangana

THE HON'BLE SRI JUSTICE A.V.SESHA SAI W.P.No.38504 of 2018 ORDER:

When the matter is taken up for hearing, the written instructions dated 06.11.2018 furnished by the Station House Officer, Shadnagar Police Station are placed on record by the learned Government Pleader.

The written instructions dated 06.11.2018 read as under :- " It is submitted that the Petitioner herein is a Rowdy Sheeter vide Rowdy Sheet No.22, dated 28.02.2015. He is facing trial before the concerned Hon'ble Court in connection with 1) Crime No.98/ 2012 u/ s 420 IPC, 2) Crime No.491/ 2014 u/ s 306 IPC, 3) Crime No.564/ 2014 u/ s 447, 427 and 506 IPC and 4) Crime No.565/ 2014 u/ s 447, 427 and 506 IPC of Shadnagar PS.

It is submitted that, keeping in view the ensuing Assembly Elections, as per the directions of the Mandal Executive Magistrate-cum-Tahsildar, the petitioner was produced before him vide Crime No.477/ 2018 u/ s 107 Cr.P.C. dated 10.10.2018, and the MEM-cum-Tahsildar bound over the petitioner for keeping good behaviour for a period of 6 months.

It is submitted that the petitioner is young and very active. Because of the rowdy elements attached to him, no one is coming forward to give information about him in the Police Station. Therefore, there is every need and necessity to keep the petitioner under close watch and surveillance.

Except keeping surveillance on the petitioner's movements in order to contain him from committing illegal activities, he is not being subjected to any inconvenience. The Police are not interfering with his personal liberty in any manner. The Police are not calling him to the Police Station and his presence in the Police Station is also not required. The allegations to the

contrary made in the affidavit are not correct and hereby denied.

It is incorrect to state in the affidavit that there is no Rowdy Sheet against the petitioner. It is denied that at the behest of the local politicians, the 3rd Respondent is trying to implicate the petitioner in false criminal cases. There is no influence on the Police and there is also no necessity for the Police to register false cases against him. If the petitioner commits offence and the Police Station receives a complaint, certainly action will be taken against him, in accordance with law.

It is submitted that the allegations and contentions raised in the affidavit are false, without any merit and untenable. There is no iota of truth in the said allegations. The said allegations and contentions have been made only for the purpose of the Writ Petition. It is submitted that the writ petition is devoid of any merits and it is liable to be dismissed."

By placing the above instructions on record, the writ petition is disposed of accordingly. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. ________________ A.V.SESHA SAI, J Date: 19.11.2018 Prv