S.Padmavathi, v. The State Of Telangana,
HON'BLE SRI JUSTI CE A.V.SESHA SAI W .P.No.4 3 4 5 1 of 2 0 1 8 ORDER: - When the matter is taken up, the written instructions furnished by the Sub-Inspector of Police, Jubilee Hills Police Station, Hyderabad, dated 03.12.2018, are placed on record by the learned Government Pleader. The said instructions read as under: - "On a complaint of Sri Tarkapalli Srinivas, son of Sambaiah, resident of Kothapet, Hyderabad, lodged with the Police of Jubilee Hills Police Station, Hyderabad, a case in Cr.No.791/ 2018 under Sections 342, 448, 506 I.P.C., dated 01.12.2018, was registered against the petitioner and her husband and son and others as they came to them and assaulted them with force and abused them in filthy language and stated that they have purchased their flats from the builder and registration is also over and they pushed them out of the flat and locked the flats and taken up the investigation into the case. The petitioner, her husband and son are shown as accused in the F.I.R.
The F.I.R. was registered on 01.12.2018. The investigation is at the initial stage. Necessary steps will be taken against the accused in the F.I.R. including the petitioner basing on the outcome of investigation into the case.
It is pertinent to submit that on coming to know the lodging of the complaint by the complainant, as a precautionary measure to prevent the Police from taking any action in the event of lodging of any complaint in future against her, the
petitioner filed the present Writ Petition with false and frivolous allegations.
It is humbly submitted that the petitioner her husband and her son are required in connection with the above case. By following the due procedure, action will be initiated against them.
It is further submitted that except registration of the above crime and proceeding with the investigation into the case, this respondent never summoned the petitioner as of now and never asked her to withdraw the suit in O.S.No.1438 of 2018 filed by her. I submit that the petitioner is required in the above case. If any interim orders are passed at the initial stage of investigation, the petitioner may not cooperate with the investigating agency.
It is humbly submitted that so far, this respondent did not call the petitioner. But, however, if any involvement of the petitioner is proved in the above case, certainly, this respondent by following the due procedure, action will be taken."
Accordingly, the Writ Petition is disposed of, by placing on record the said instructions furnished by the Sub-Inspector of Police, Jubilee Hills Police Station, Hyderabad, dated 03.12.2018, with a further direction to the respondent-Police authorities to act strictly in accordance with law.
Miscellaneous petitions pending, if any, shall stand disposed of. There shall be no order as to costs. ______________ A.V.Sesh a Sai, J Date: 11.12.2018 smr