WP/36866/2024 of Mohammed Fareed Vs The State of Telangana on 31 December 2024

[ [31831]

HIGH COURT FOR THE STATE OF IN THE HIGH COURT FOR THE STATE OFTELANGANA AT HYDERABAD(Special Original Jurisdiction)

TUESDAY,THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

WRIT PETITION NO: 36866 OF 2024

Between:

1. Mohammed Fareed, S/o. Late Mohammed Jaffar, Aged about 30 Years, OccBusiness, R./o. 19- 2- 1BlBl49, Amjad Doula Bagh, Charminar HyderabadDiskict.Business, R./o. 19- 2- 1BlBl49, Amjad Doula Bagh, Charminar HyderabadDiskict.

2. Yadagiri Sataiah, S/o. Late Danaiah Aged about 63 Years, Occ Business,R/o. 18- 6- 23311 , Goulipura, Charminar, Falaknuma Hyderabad District.R/o. 18- 6- 23311 , Goulipura, Charminar, Falaknuma Hyderabad District.

3. Mohammed lsmail, S/o. Mphammed Ghouse, Aged about 36 Years, OccBusiness Rt/ o. 1B- 14- 149154, Ansari Road Gaganpahad, K. V Ranga ReddyT. S.Business Rt/ o. 1B- 14- 149154, Ansari Road Gaganpahad, K. V Ranga ReddyT. S.

...PETITIONERS

AND

1The State of Telangana, Rep. by its Principal Secretary, Home Department,Secretariat building, HyderabadSecretariat building, Hyderabad

2. The Commissioner of Police, Hyderabad, Hyderabad.

3. The Assistant Commissioner of Police, Falaknuma Zone, Charminar,Hyderabad.Hyderabad.

4. The Station House Officer, Bahadurpura Police Station, Bahadurpura,Hyderabad District.Hyderabad District.

5. G. Sandeep Reddy, S/o. not known, Aged about 45 Years, Occ Sublnspector, Bahadurpura P. S. Hyderabad.lnspector, Bahadurpura P. S. Hyderabad.

...RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Cou( may bepleased to issue an appropriate writ, order or direction more particularly one inthe nature of WRIT OF MANDAMUS declaring the action of the respondents No.4 and 5 calling the petitioners to the police station day in out and asking them tosit from morning 10, 00 am to evening B. 00 pm is illegal, arbitrary, violation of thethe nature of WRIT OF MANDAMUS declaring the action of the respondents No.4 and 5 calling the petitioners to the police station day in out and asking them tosit from morning 10, 00 am to evening B. 00 pm is illegal, arbitrary, violation of the fundamental rights ,3uaranteed under the Constitution ol lndia, particularly- rightto personal liberty and consequently direct the respondents No. 1st respondent toorder CB. CID enquiry against the Sth respondent.to personal liberty and consequently direct the respondents No. 1st respondent toorder CB. CID enquiry against the Sth respondent.

lA NO: 1 OF 2024

Petition under Section 1 51 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased todirect the 4th respondent not to call the petitioners day in out to the police stationforthwith pending disposal of the writ petition.

lA NO: 2 OF 2024

Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased todirect the 1st respondent to order C. B. CID enquiry against the 5th respondent inthe above said allegations forthwith pending disposal of the writ petition.

Counsel for the Petitioner : SRI RAMAKOTAIAH KANDALA

Counsel for the Respondents: SRI R.LAXMIKANTH REDOY, AGp FOR HOMEThe Court made the following: ORDER

I)

HONOURABLE SRI JUSTICE [B. ][VIJAYSEN REDDY]WRIT PETITION No.36E66 OF2024

ORDER: (ORAL)

This writ petition is filed by the petitioners [seeking ][to ][declare ][the]action of respondents No.4 [and ]5 [in ][illegally ][summoning them ][to ][the]Police Station and making them to sit [in ][the ][Police ][Station ][from moming]till evening, as being illegal, arbitrary [and ][unconstitutional]

2. Mr. R. Laxmikanth Reddy, learned [Assistant ][Government ][Pleader]for Home, basing on the [written ][instructions ][dated ][30.12.2024, ][submitted]that the petitioners are accused [in Crime ][No.256 ][of ][2024 ][dated24.08'2024]registered with Bahadurpura [Police ][Station ][for ][the ][offence ][punishable]under Section 351(2) of *te [Bharatiya ][Nyaya ][Sanhita, ][2023 (BNS) and]Crime No.216 of 2024 [dated ][13.07.2024 ][registered ][on ][earlier ][complaint]with Bahadarpura Police [Station ][for ][the ][offence ][punishable ][under ]329(3) of the BNS wherein [in ][charge ][sheet ][was ][tied ][oide ][C.C' ][No'564 ][of]2024 belore the learned [Speciat ]Iudicial [Magistrate ][of ][First ][Class ][and]Excise Cases, Gandhi [Bhavan, ][Hyderabad, ][and ][the same ][is ][pending ][for]trial. That in corurection [with ][the ][investigation ][in ][crime ][No.255 ][of ][2024,]respondent No.4 - the Station [House ][Officer, ][Bahadarpura ][Police ][Statiory]to [the ][Police ][station and ][respondent ][Police never]called the petitioners I

interfered with their personar rife and liberty in any manner nor they weremade to sit in the Police station from morning till evening as alleged inthe writ affidar.it.the writ affidar.it.

3. A copy of written instructions is served on the leamed counsel forthe petitioners.

4' In view of the categorical statement made by the learrred AssistantGovemment Ple,der for Home that respondent police never interferedwith the persona.l liberty of the petitioner, recording the same, the writpetition is disposed of directing respondent No.4 not to interfere with thepersonal life and liberty of the petitioners without f. owing due processof law. There shall be no order as to costs.

As a sequel thereto, miscellaneous applications, if any,. pending in this writ petition, stand closed.

1

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5. One CC to SRI One CC to SRI CC to SRI to SRI [RAMAKOTAIAH KANDALA, Advocate]

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5. One CC to SRI One CC to SRI CC to SRI to SRI 6. i*; CCs to GP [FoR ][HoME, ][High Court ][for the State ][o]6. i*; CCs to GP [FoR ][HoME, ][High Court ][for the State ][o]

-f Telangana. [OUT]Telangana. [OUT]

7. Two CD CoPies.

BSK

PSK

vv

HIGH COURT

DATED:3111212024

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