WP/35943/2021 of Jogiparthi Mukkanteswara Rao Vs The State of Telangana on 31 December 2021

HIGH COURT FOR THE STATE OF TELANGANA(Special Original Jurisdiction)

FRIDAY ,THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY ONE

PRESENT

THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

WRIT PETITION NO: 3s943 OF 2021

Between:

{gsiparthi [Mukkanteswara Rao, S/o. Venkatramaiah, Age- ][50 ][Years, Occ- ][Business,]Rl/o. H.No. 11-8011 , Johnpahad Road, Piduguralla, Guntur District, Andhra pradeshstate.

...PETITIONER

AND

1The State of represented by its Principal Secretary, Home (Police)-Telangana, -Telangana, Department Secretariat Buildings, Hyderabad.

2The Superintendent of Police, Nalgonda, Nalgonda District.

JThe Station House officer, Chandur Police station, At Chandur, Nalgonda District, 4Md Habeeb, S/o. Janimiya, Age- 47 Years, Occ- working as Revenue lnspector(Civil Supplies) at Nampally, Ri/o. Nampally Town and Mandal, Natgonda District.(Civil Supplies) at Nampally, Ri/o. Nampally Town and Mandal, Natgonda District.

...RESPONDENTS

Petition under Arttcle 226 ol lhe Constitution of lndia praying that in thecircumstances stated in the affidavit filed there with, the High Court may be pleasedto issue an appropriate writ, order or direction, more in the nature of Writ ofcircumstances stated in the affidavit filed there with, the High Court may be pleasedto issue an appropriate writ, order or direction, more in the nature of Writ ofMandamus, declaring the action of the respondent no. 3 in interfering with thepersonally liberty of the petitioner by everyday calling the petitioner to the PoliceStation without there being shown petitioner is as an accused in the Crime No.206personally liberty of the petitioner by everyday calling the petitioner to the PoliceStation without there being shown petitioner is as an accused in the Crime No.206ot 2021 , daled.l1-12-2021, on the file of Chandur Police station, Nalgonda District,calling the petitioner to the police station and making them to sit hours together asbeing illegal, arbitrary and is in violation of article 21 of the Constitution of lndiaeven without following the law declared by the Hon'ble Supreme Court as beingcalling the petitioner to the police station and making them to sit hours together asbeing illegal, arbitrary and is in violation of article 21 of the Constitution of lndiaeven without following the law declared by the Hon'ble Supreme Court as beingillegal, arbitrary and is in violation of Article 21 of the Constilution of lndia andconsequently please direct to 3rd respondent to following the guidelines issued bythe Honble Supreme Court in the [judgment ]of Arnesh Kumar Vs. state of Bihar ifconsequently please direct to 3rd respondent to following the guidelines issued bythe Honble Supreme Court in the [judgment ]of Arnesh Kumar Vs. state of Bihar ifshown the petitioner is as an accused in the above crime, pending disposal of theabove writ petitionabove writ petition lA NO: 1 OF 2021

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 to directthe Respondent no. 3 not to interfere with the [personal ]liberty of the [petitioner ]byeveryday calling the [petitioner ]to the Police Station without there being shownpetitioner as an accused in the Crime No.206 of 2021, dated.01 -12-2021, on the file of Chandur Police stat tn, Nalgonda District., if the 3rd respondent shown petitioneris as an accused in the above crime, please direct to 3rd responcent to following theguidelines issued by t re Honble Supreme Court in the judgment of Arnesh KumarVs. state of Bihar, pen, ing disposal of the above writ petition Counsel for the Petitir nerSRI. LAXMAIAH KANCHANICounsel for the Respc ndents Nos. 1 to 3: ASSISTANT GP F()R IIOMECounsel for the Respc ndents No. 4Counsel for the Respc ndents Nos. 1 to 3: ASSISTANT GP F()R IIOMECounsel for the Respc ndents No. 4The Court made the fc lowing: ORDER