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High Court for State of TelanganaWP/32021/2014dismissed no costs

Jella Sreenivas v. The Superintendent Of Police, Karimnagar District,

2019-12-30P.Keshava Rao5 pages

HON'BLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.32021 of 2014 ORDER :

Heard learned counsel for the petitioner as well as the learned Government Pleader for Home appearing for the respondents.

The relief sought in the writ petition is as under: "..... this Hon'ble Court may be pleased to issue a direction order or writ more particularly one in the nature of Writ of Mandamus or any other appropriate writ declaring the action of the respondent No.2 in calling the petitioner and harassing him and his family members threatening with dire consequences and making them to sit for days together in the Police Station and forcing them to settle the issue as per the terms dictated by him and even though a written complaint is given on 01.10.2014 against the respondent No.2 not taking any action against him is nothing but arbitrary, illegal, null and void and violative of Articles 14, 19 and 21 of the Constitution of India, consequently, direct the respondents Nos.1 and 3 to see that the respondent No.2 shall not harass the petitioner and his family members and shall not made them to sit in the Police Station and shall not pressure them to hear the terms dictated by him and pass such other order ....."

The learned Government Pleader for Home has placed on record written instructions issued by the Sub-Inspector of Police, NTPC Police Station, NTPC, Ramagundam, Karimnagar District.

From a perusal of the said written instructions, it is revealed that on 20.08.2014 the wife of the petitioner Smt. Jella Sunitha approached respondent No.2 - Police and lodged a written complaint against the petitioner, his mother and sister stating that even though a sum of Rs.3.00 lakhs cash and house hold articles were given by her parents to the petitioner at the time of her marriage with him on 15.05.2013, after 15 days of the marriage, the above said persons, including the petitioner herein, started harassing her and demanded a sum of Rs.1,00,000/- towards additional dowry. Even after giving the said amount to them by her parents, they did not stop harassing her, both mentally and physically. Therefore, she requested to take necessary action in the matter.

Pursuant to the said complaint, a case in Crime No.98 of 2014 for the offences punishable under Section 498-A of IPC and Sections 3 and 4 of Dowry Prohibition Act was registered on the file of respondent No.2 - Police Station on 20.08.2014. It is also stated that after completion of investigation, a Charge Sheet was filed on 28.10.2014 before the Judicial First Class Magistrate, Godavarikhani, Karimnagar District. Aggrieved by the registration of the said crime, the petitioner and others have filed Crl.P.No.10276 of 2014 and this Court vide order dt.16.09.2014 directed the respondents - Police therein not to arrest the petitioner and

others during the course of investigation. Accordingly, after completion of investigation, Charge Sheet has been filed, as stated supra. However, the allegations of the petitioner that by developing grudge for obtaining the said orders by them, the respondents - Police sent Constables to Jagtial regularly and calling them to the Police Station, abusing them stating that the respondents - Police assured them to settle the issue, are all specifically denied as false and baseless. Further, the allegation of the petitioner that the respondents - Police threatened him to pay Rs.6.

00 lakhs to his wife-complainant to settle the matter and has been harassing his sister and her husband by calling them to the Police Station regularly, is also specifically denied stating that the said allegations are all concocted and made only for the purpose of this writ petition. It is also further stated in the written instructions that on the complaint of the petitioner against the respondents Police, a report was submitted to respondent No.1 after conducting due enquiry, wherein the said allegations were found to be false and baseless. The petitioner, after coming to know about filing of the Charge Sheet, has filed the present writ petition on 24.10.2014 making all false and frivolous allegations against the respondents Police.

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

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

As a sequel, miscellaneous applications pending, if any, shall stand closed.

__________________________ JUSTICE P. KESHAVA RAO 30.12.2019.

Msr

HON'BLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.32021 of 2014 30.12.2019 (Msr)