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High Court for State of TelanganaWP/5466/2016disposed of no costs

Bathula Prabhakar, v. The State Of Telangana,

2018-05-01Gudiseva Shyam Prasad2 pages

HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION No.5466 of 2016 ORDER:

The action of respondent No.3, in calling the petitioner to the police station and pressurising to settle the civil disputes with respondent Nos.4 and 5, is questioned in the Writ Petition as being illegal and arbitrary. No representation for the petitioner.

Petitioner states in this petition that respondent No.5 assaulted his wife and he, therefore, lodged a complaint before respondent No.3 - Police Station. The grievance of the petitioner is that respondent No.3, instead of acting on his complaint, is calling daily to the police station and asking to settle civil disputes with respondent Nos.4 and 5. Learned Assistant Government Pleader for Home (TG) submits that investigation has been completed; cases and counter cases were registered between petitioner and respondent Nos.4 and 5 viz. Cr.Nos.29 and 30 of 2016; respondent No.3 had not called the petitioner to the police station; neither respondent No.3 harassed the petitioner nor had asked to settle civil disputes with respondent Nos.4 and 5.

It is unfortunate to note that, time and again writ petitions are being filed by the petitioners making allegations against the police officials that they are calling to police station for settlement of matters in police station.

Police, however, in their counters, deny the allegations as false. Petitioners are approaching this Court seeking a direction to police not to call them to the police station. In view of the law laid down by the Supreme Court in Lalita Kumari v. Government of U.P.1 and the decision rendered by this Court in Darapaneni Krishna Murthy v. Superintendent of Police2, police are directed not to interfere in civil matters. If any criminal cases are registered against the petitioner, the police shall follow the procedure prescribed under law during investigation. With these observations, the Writ Petition stands disposed of.

Miscellaneous petitions, if any pending, shall stand closed.

_______________________________ GUDISEVA SHYAM PRASAD, J Date:01.05.2018 Usd 1 2014 (2) SCC 1 2 2008(4) ALD 105