Avula Sandeep v. The State Of Telanagana

HON'BLE SRI JUSTI CE A.V.SESHA SAI W .P.No.4 3 5 7 6 of 2 0 1 8 ORDER: - When the matter is taken up, the written instructions furnished by the Sub-Inspector of Police, Mahabubabad Police Station, Mahabubabad District, dated 30.11.2018, are placed on record by the learned Government Pleader. The said instructions read as under: - "Smt.Avula Sirisha, W/ o.Sandeep (petitioner herein) resident of Mahabubabad has approached the Police of Mahabubabad Town Police Station and lodged a complaint on 16.11.2018 requesting to initiate action against her husband Sri Avula Sandeep (petitioner herein) and her inlaws are harassing her mentally and physically and demanded her to bring additional dowry.

Upon receipt of the said petition, an entry was made into the Station General Diary on 16.11.2018, after enquiry action will be taken as it is a family dispute.

To know the veracity in the contents of the complaint of his wife, this respondent tried to contact the petitioner over phone. Instead of submitting the real facts, the petitioner rushed to this Hon'ble Court and filed the present Writ Petition with false and baseless allegations.

It is submitted that since it is a family dispute, hence this respondent Police of Mahabubabad tried to contact the petitioner (husband of the complainant) for counseling. Till date, he did not turn up and instead filed the present Writ Petition. As of now, no case whatsoever was registered against the petitioner herein and he is not at all required.

It is pertinent to submit that to know the veracity in the contents of the complaint and for counseling of the parties on the complaint of his wife, this respondent Police tried to contact the petitioner herein but not otherwise. I humbly submit that at any point of time, this respondent Police never interfered with the life and liberty of the petitioner herein.

It is submitted that the allegation of the petitioner that without registering any case of F.I.R., or without following the due procedure, this respondent Police has been frequently calling him

and his father through cell No.9440995675 and threatening them with dire consequences to settle the issue with the 3rd and 4th respondents herein as per their wish and demands, otherwise, he would foist all possible criminal cases including 498-A case against him and his family members is absolutely false, baseless and invented for the purpose of filing the Writ Petition and hence the same is totally denied.

It is humbly submitted that as a precautionary measure to prevent the Police from taking any action in the event of lodging of any complaint in future, the petitioner filed the present Writ Petition on mere apprehension without any cause of action."

Accordingly, the Writ Petition is disposed of, by placing on record the said instructions furnished by the Sub-Inspector of Police, Mahabubabad Police Station, Mahabubabad District, dated 30.11.2018, 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: 14.12.2018 smr