Telangana High Court
WP/23533/2004 of Duddukuru Satyender Kumar, Vs The Commissisoner of Police, on 27 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No: 23533 of 2004 Between: Duddukuru Satyender Kumar, S/o Anjaneyulu, R/o H.No.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE L.NARASIMHA REDDY
WRIT PETITION No: 23533 of 2004
Between:
Duddukuru Satyender Kumar, S/o Anjaneyulu, R/o H.No. 12-11-226, Warasiguda, Secunderabad-500061.
..... PETITIONER
AND
1 The Commissioner of Police, Hyderabad District.
2 The Deputy Commissioner of Police, Central Crime Station, Hyderabad.
3 The Station House Officer, Warasiguda Police Station, Secunderabad. Secunderabad.
.....RESPONDENTS
Petition 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 an appropriate Writ, Order or Direction, more particularly one in the nature ofWrit of Mandamus, to declare the action of the respondents in making attempts toapprehend the petitioner without there being any complaint or crime registeredagainst him only basing on the news item published on 19-11-2004 in VaarthaTelugu Newspaper as illegal, arbitrary, unconstitutional and violative of Articles 19and 21 of the Constitution of India and consequently direct the respondents hereinnot to take any coercive steps against the petitioner.
Counsel for the Petitioner: MR.PALLENAGESWAR RAO
Counsel for the Respondents: GP FOR HOME
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ORDER:
The petitioner apprehends that the respondents would arrest him on the basis of anews item published on 19.11.2004 without registering any case and seeksappropriate directions.
Heard learned counsel for the petitioner and learned Government Pleader for Home.
A news items was published on 19.11.2004 to the effect that the police is in searchof the petitioner. According to the petitioner, he has nothing to do with the subjectmatter referred to therein. Be that as it may, mere publication of a news item cannotconstitute the basis for any action against the petitioner. If the petitioner is accusedof committing any crimes, the respondents have to undertake necessaryinvestigation strictly in accordance with the relevant provisions of law and afterregistering a case.
Hence, the writ petition is disposed of directing that any action against the petitionershall be strictly in accordance with the provisions of law and not otherwise. Thereshall be no order as to costs.
27.12.2004
___________
Jsu
To
1 The Commissioner of Police, Hyderabad District.
2 The Deputy Commissioner of Police, Central Crime Station, Hyderabad.3 The Station House Officer, Warasiguda Police Station, Secunderabad.3 The Station House Officer, Warasiguda Police Station, Secunderabad.
4 2 CCs to the G.P. for Home, High Court of A.P., Hyderabad (OUT).
5 2 CD copies.