A.Sasi Kiran v. The State Of Telangana

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.48039 OF 2018 DATED :30.01.2019 Between :

A.Sasi Kiran, S/o.Srinivasa Satya Narayana, Aged 28 yrs, Occu : Pvt. Employee, R/o.H.No.5-105, Deepti Srinagar, Miyapur, Hyderabad, State of Telangana 500 050 ..

Petitioner And The State of Telangana, Rep., by its Principal Secretary (Home), Secretariat, Hyderabad & others.

.. Respondents This court made the following :

- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.48039 OF 2018 ORDER :

Heard learned counsel for the petitioner and learned Government Pleader for Home for respondents.

2.

According to petitioner he married Smt Nednur Shanti Priya in the year 2017. Petitioner alleges that in January, 2018, 4th respondent stayed away from the petitioner and went to her parents' home at Nallakunta. Petitioner filed F.C.O.P No.2624 of 2018 pending on the file of Additional Family Court at Kukatpally, Ranga Reddy District. It appears, 4th respondent lodged complaint alleging violation of Section 498-A of Indian Penal Code (for short 'IPC'), and the same was registered as FIR No.450 of 2018 in Women Police Station, DD and another crime in FIR No.900 of 2018 was registered in Miyapur Police Station under Sections 354, 323 and 427 IPC. It is alleged that for the instance occurred on 07.10.2018, his sister lodged complaint in Miyapur Police Station, which was registered as FIR No.901 of 2018.

Petitioner alleges that for the last ten days, before instituting this writ petition, he received calls from the Station House Officer of Nallakunta Police Station and they are abusing him with utmost filthy language and ordered him to be present, compromise with 4th respondent and settle the matter. Petitioner further alleges that 3rd respondent is calling him, sending his constables and threatening him to settle the disputes. This writ petition is filed praying to declare the action of 3rd respondent in interfering with the personal liberty of petitioner by calling him to the Police station.

- 3 - 3.

The Station House Officer, Nallakunta Police Station, furnished written instructions.

4.

A reading of the written instructions would show that a person by name N.Shyam Sunder Rao, filed report on 29.11.2018 narrating various instances and apprehending threat to his life, he requested to take action against the persons named in the said report. The same is entered in General Diary of the police station on 29.11.2018. The Station House Officer categorically denies calling the petitioner to police station or threatening him to take action against him, if he does not settle the issue with the 4th respondent.

5.

A reading of the instructions would disclose that no crime is registered in Nallakunta Police Station. The assertion of the Station House Officer that he is not interfering cannot be doubted. In view of the said statement, apprehension expressed by the petitioner no more survives.

6.

Accordingly, the Writ Petition is disposed of. It is needless to observe that petitioner shall not be called by the 3rd respondent, unless crime is registered and his presence is required in the process of conducting investigation into crime, if registered. Pending miscellaneous petitions shall stand closed. __________________ P.NAVEEN RAO,J 30th January, 2019 Rds