Telangana High Court

WP/24099/2020 of Haider Azmath HMD Vs The State of Telangana and 3 others on 30 December 2020

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THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY , THE THIRTIETH DAY OF DECETMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO: 24099 OF 2020 Between: Haider @ Azmath HIr/D, S/o Habibullah aged about 35 years, Occ Private

HIGH COURT FOR THE STATE [OF ][TELANGANA]AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY ,THE [THIRTIETH ][DAY ][OF ][DECETMBER]TWO THOUSAND AND [TWENTY]

PRESENT

THE HON'BLE SRI JUSTICE [P. ][NAVEEN RAO]

WRIT PETITION NO: 24099 [OF][ 2020]

Between:

Haider @ Azmath HIr/D, S/o [Habibullah aged about 35 years, Occ ][Private ]9^[p!yeenrc-Fri M ,46, Fiot [rroor, noad ][N5.6, Snehapuii ][colonv, ][Near ][VST ][Park,]Tarnaka, Hyderabad

...PET|T|ONER

AND

l.TheStateofTelanganaand3others,Rep.byitsPrincipleSecretary(Home),Secretariat Buildings, [Hyderabad.]2. The Suoerintendent of [police, Nalgonda District']

5. tne Stdtion House Offiier, [Womeh Police Station, ][Nalgonda' ]+. Cff . H,tounit a, Wfo. Cfr. [Shiva Kumar aged about ][2q ][yqals, ][R/o ]-.[Plot ].No [236']eiounA ftoor Road [No.6, ][Snehapuri Colony, ][Near ][VST ][Park, Tarnaka,]HYderabad'

...RE'P.NDENTS

Petition under Article [226 ][of ][the ][constitution ][of ][lndia ][praying ][that in ][the]circumstances stated [in ][the ][affidavit ][filed ][therewith, ][the ][High ][Court ][may ][be ][pleased]to issue any writ, order [or ][Direction more ][particularly ][one in ][the ][nalure of ][writ ][of]Mandamus declaiing [the ][action ][of ][the ][Respondents ][more particularly ][Respondent]No.3 [police ]who arJcalling [the ][Petitioner ][to their ][Police Station without ][there ][being]uny oifen." or crime [against ][the ][petitioner, which is illegal, arbitrary, contrary ][to ][law]ani in violation of Articies [14 ][and ][21 ][of Constitution ][of ][India and consequently direct]the respondents [more particularly respondent No.3 ][not ][to ][interfere with ][the ][personal]life and liberty of [peiitioner including direction ][not ][to ][call ][the ][petitioner ][to ][the]respondent No.3 Police [Station.]

IA:1 OF20

Petition under Section [151 CPC ][praying ][that ][in ][the ][circumstances ][stated ][in]the affidavit filed [in ][support ][of the ][petition, ][the ][High ][court ][may ][be ][pleased ][to ][direct]the respondents [more particularly respondent No.3 ][not ][to ][interfere with ][the ][personal]iir" ,ni liberty of [peiition"r ][including direction ][not ][to ][call ][the ][petitioner ][to ][the]ruo.s [police ][station ][pending disposal ][of ][the ][above ][writ ][petition.]respondent Counsel for the Petitioner [: M/s. ][KATIKA ][RAVINDER REDDY]Counsel forthe [Respondent ][Nos.1 ][to ][3: ][AGP ][FOR ][HOME]Counsel for the Respondent [No.4: ][NONE ][APPEARED]

The Court made the following: [ORDER]

HON'BLE SRI JUSTICE P. NAVEEN RAOWRIT PETITION No.24O99 OF 2O2O

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ORDER:

Heard learned counsel for the petitioner, learned AssistantGovernment Pleader for Home appearing lor respondents.

2. This writ petition is filed alleging that though no crime isregistered against the petitioner, Police are harassing the petitionerand calling him to the Police Station offending his right, liberty andprivacy.

3. On instructions, learned Assistant Government Pleader forHome submits that person by name Smt. Ch.Mounika lodgedcomplaint on 01 .12.2020 alleging that her husband and in-laws alongwith the petitioner, who is friend of her husband, are harassing fordowry, humiliating and torturing the complainant. Based on the saidcomplaint, G.D. entry was made and as part of preliminaryinvestigation, since the name of petitioner is also mentioned in thecomplaint, petitioner was called to the Police Station to enquire intoand to proceed further.

4. According to the learned counsel for petitioner, petitioner issuffering with certain serious ailments and if he is frequently called tothe Police Station, it would cause him great hardship. The relevantmedical report is enclosed to the writ petition paper book.

5. Having regard to the fact that crime is reported against thepetitioner, it cannot be said that Police are harassing the petitioner byunnecessarily calling him to the Police Station. However, respondent-Police are directed to follow due process in investigating into the

complaint lodged by Smt, Ch.Mounika [on ][01.12.2O2O, ][and take ][note]of health condition of the [petitioner. ][The ][Writ ][Petition ][is ][accordingly]disposed of. Pending miscellaneous [petitions ][sha11 ][stand ][closed.]

SD/-M.MALA

ASSISTANT [RE]

//TRUE COPY//

N OFFICER

SE

to'', . an" Principle Secretary (Home), State of Telangana' Secretariat Buildings'Hvderabad.

Hvderabad.z ifre Supetintendent [of police, Nalgonda District']6. iil;5iJtil;'rio,lse [otribe', ][wome"n ][Police ][station' ][llqlggi'9u'];. o;;iffi'rrlti. [katir<a ][Rivinaer ][Reddv, ][Advocate ][toi-u-ol];. i;; dati,j'cF [toi ][Home, High ][court ior ][the ][State of ][relansana]at Hyderabad. [OUT]6. Two CD CoPies SM

:.

HIGH COURTDATED:3011212020

ORDER

WP.No.24099 of [2020]

DISPOSING OF [THE ][WP]WITHOUT COSTS

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1HETAco04JAN2021l).I:t:,<i'.1rT

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