Telangana High Court
WP/27808/2005 of Sri Damerakonda Appa Rao, Vs The Circle Inspector Of Police, on 28 December 2005
SRI JUSTICE V.ESWARAIAH W.P.NO.27808 OF 2005 DATED 28-12-2005 BETWEEN: Sri Damerakonda Appa Rao and others .. Petitioners And The Circle Inspector of Police Mettewada P.S. and another .. Respondents THE HON’BLE SRI JUSTICE V.ESWARAIAH W.P.NO.27808 OF 2005 ORDER: This writ petition
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Conclusion
THE HON’BLE SRI JUSTICE V.ESWARAIAH
W.P.NO.27808 OF 2005
DATED 28-12-2005
BETWEEN:
Sri Damerakonda Appa Rao and others .. Petitioners
And
The Circle Inspector of PoliceMettewada P.S. and another
.. Respondents
THE HON’BLE SRI JUSTICE V.ESWARAIAH
W.P.NO.27808 OF 2005
ORDER:
This writ petition is filed to declare the action of the respondents in harassingthe petitioners by calling them to the Police Station and detaining them forhours together without there being any cognizable offence and also withoutthere being any justifiable reasons is arbitrary and illegal and consequentlydirect the respondents not to harass the petitioners by calling them to the Police Station and detaining them for hours together.
It is the case of the petitioners that the second son of the petitioner no.1 viz.,D.Ramesh, who is not a party to the writ petition was having a wine shop underthe name and style ‘Royal Wines’ at Elakathurthi village and mandal, KarimagarDistrict. He borrowed certain amounts from several persons including thepetitioners 3 and 4. He sustained loss in his business. Therefore, he filedI.P.No.20 of 2005 to declare him as insolvent and the said case is pending onthe file of the Senior Civil Judge, Warangal. The petitioners further stated thatwhen the insolvency proceedings are pending, at the instance of the creditors,respondents are summoning the petitioners and pressurizing to pay theamounts payable to the creditors.
Having regard to the facts and circumstances of the case, I am of the opinionthat when there being no report or complaint either for registering a case suemotto by the creditors, the respondents cannot interfere with the personal life ofthe petitioners with regard to the repayment of money by the said second sonof the first petitioner. However, if any, complaint or report is filed for cognizableoffence, it is always open for the respondents to register the case andinvestigate into.
In view of the above reasons, the writ petition is disposed of directing therespondents not to interfere with the personal life of the petitioners exceptotherwise as indicated above. No costs.
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28-12-2005