Telangana High Court
WP/24174/2004 of K.Hari Singh, Vs The Superintendent of Police on 30 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 24174 of 2004 Between: K.Hari Singh, S/o.Ram Singh, Ramayanapet Mandal, Medak
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE L.NARASIMHA REDDYWRIT PETITION NO : 24174 of 2004
Between:
K.Hari Singh, S/o.Ram Singh, Ramayanapet Mandal, Medak District.
AND
..... PETITIONER
1 The Superintendent of Police Medak District at Sangareddy, Medak Dist.2 the Station House Officer, Ramayanpet Police Station, Ramayanpet, MedakDistrict.
3 The Station House Officer, Shankarampet, Police Station, Medak District.
...RESPONDENTS
Petition filed under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue a writ or order or direction more particularly one in the nature of writ ofMandamus declaring that the action of the respondents 2 and 3 in interfering with theenjoyment of peaceful life and harassing the petitioner by repeating visits andthreatening that they will implicate in false case as illegal, arbitrary, unjust andunreasonable and violative of principles of natural justice and contrary to Art 19 (d)and 21 of the constitution of India and consequently direct the respondents not toharass the petitioner and threaten further for false implication and pass such otherorder or orders.
Counsel for the Petitioner:MR.GANGULA ASHOK KUMAR REDDY
Counsel for the Respondent No.: GP FOR HOME
The Court at the stage of admission made the following :
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O R D E R:
The petitioner alleges that the respondents are calling him to the policestation and detaining for hours together, without there being any specific complaintand without registering any case. He seeks appropriate directions to therespondents not to harass him, or otherwise interfere with his rights.
Heard learned counsel for the petitioner and the learned Government Pleaderfor Home.
Whenever a complaint is submitted by an individual, the police are entitled torequire the persons, against whom the acts or omissions alleged, to attend thepolice station and to undertake investigation. However, before taking further steps, itis necessary that a case be registered. Unless a case is registered, the policecannot require individuals to attend the police stations, of course, except for thepreliminary verification before such registration. If no case has been registeredagainst the petitioner, the respondents shall not be entitled to insist on theattendance of the petitioner.
Hence, the writ petition is disposed of, directing that the respondents shall notrequire the petitioner to attend the police station, or otherwise interfere with hisrights, except where a specific complaint is received, and a case is registered underthe relevant provisions of law. There shall be no order as to costs.
____________________
Dt.30-12-2004
KO
To
1 The Superintendent of Police Medak District at Sangareddy, Medak Dist.
2 The Station House Officer, Ramayanpet Police Station, Ramayanpet, Medak District.
3 The Station House Officer, Shankarampet, Police Station, Medak District.
4. 2 CCs to G.P. for Home, High Court of A.P., High Court Buildigns, Hyderabad(OUT).(OUT).
5. 2 C.D. copies.