Telangana High Court
WP/23762/2004 of K.S. Ummar, Vs The Superintendent of Police, on 27 December 2004
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: 23762 of 2004 Between: K.S. Ummar, S/o. Late Hameed Saheb, R/o. Khateeb Street,
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: 23762 of 2004
Between:
K.S. Ummar, S/o. Late Hameed Saheb, R/o. Khateeb Street, Forty, Gooty, Anantapur District.
..... PETITIONER
AND
1 The Superintendent of Police, Anantapur, Anantapur District.
2 The Circle Inspector of Police, Gooty, Anantapur District.
.....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 a Writ, order or direction more particularly one in the nature of Writ ofMandamus, declaring the action of the respondents in harassing the petitioner inimplicating in false cases as illegal, arbitrary and violative of Art.19(1) and Art.21 ofthe Constitutional of India and consequently direct the respondents to desist fromharassing the petitioner without registering any crime.
Counsel for the Petitioner: MR.C.PRAVEEN KUMAR
Counsel for the Respondents: GP FOR HOME
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ORDER:
The petitioner seeks a declaration that the action of the respondents in harassinghim and implicating him in false cases is illegal, arbitrary and violative of Articles19(1) and 21 of the Constitution of India.
Petitioner states that Crime No.212 of 2004 was registered against him on06.12.2004 alleging that he committed crimes under Sections 3 and 4 of the A.P.Gaming Act and the falsity of the same is evident from the fact that the charge sheetwas filed on the very next day. He contends that the respondents are trying toimplicate him in other false cases.
Heard learned counsel for the petitioner and learned Government Pleader for Home.
The respondents have already registered Crime No.212 of 2004 against thepetitioner. Inasmuch as the charge sheet is said to have been filed in that case, itmay not be necessary for the respondents to require the petitioner to attend thepolice station. The truth or otherwise of the allegations against the petitioner in thatcase needs to be considered at the trial of the matter.
The petitioner apprehends that he may be implicated in other cases. No direction assuch can be issued to the effect that the petitioner shall not be implicated in anycase at all. However, he can be proceeded against by the respondents only when aspecific complaint is received against him or when a case is registered under therelevant provisions of law.
Hence, the writ petition is disposed of directing that the rights of the petitioner shallnot be interfered, except in accordance with the relevant provisions of law and afterregistering a case against him. There shall be no order as to costs.
__________
TO
1 The Superintendent of Police, Anantapur, Anantapur District.
2 The Circle Inspector of Police, Gooty, Anantapur District.
3 2 CCs to the G.P. for Home, High Court Buildings, Hyderabad. (OUT)
4 2 CD copies.