Telangana High Court
Alavala Sathish vs The Government Of Telangana on 11 August, 2022
Author: Lalitha Kanneganti
Bench: Lalitha Kanneganti
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION No.31974 of 2022
O R D E R:
This writ petition is filed seeking the following relief:
" ... to issue the appropriate writ order, or directions preferably, a WRIT OF MANDAMUS to declare the inaction of respondents police authority and kindly be to directed the Respondent Police authority not to implicate the Petitioner as illegal, uncalled for vexations and unconstitutional misusing the power abusing of process of law arbitrary and against article 12, 14 and 21 of the constitution of India in the said Crime No.575/2022, dated 17.07.2022 registered against the Accused Nos. Al, A2, A3, A4, A5, A6, the Petitioner is no way concerned with the said crime..."
2. Smt.A.Usha Reddy, learned counsel for the petitioner, submits that basing on a complaint given by one Dr.Dara Eshwar, the police have registered a case in Crime No.575 of 2022 dated 17.07.2022 under Sections 409, 419, 420, 468, 471, 201, 120(b) and 511 IPC and Section 8 of the Telangana State Public Examinations (Prevention of Malpractices & Unfair Means) Act, 1997 and took up the investigation. He submits that the petitioner is unconnected with the said crime, which is registered against A.1, and the petitioner is not arrayed as an accused. All the accused were arrested and they were remanded to judicial custody. He submits that on 21.07.2022 at 02:30 p.m. all of a sudden, CCS Malkajgiri constables came to his village. When the petitioner was at his brother's house, they have taken him to Crime Branch, 2 Malkajgiri and conducted investigation for two days. Thereafter, the police started harassing the petitioner without any valid reasons and defaming him in the society and thereby blackmailing him to earn money being M.Tech student. He submits that the petitioner is preparing for IIM and he is interested to serve the nation, which will be helped to develop the Indian Public. The respondent police are continuously calling the petitioner to the police station and defaming him and his family. He submits that the petitioner has filed this present writ petition for protecting his fundamental rights. He submits that the confession made before a police officer is not valid in the eye of law and it has no evidential value and basing on that, the respondent police are harassing the petitioner. Hence, this writ petition is filed seeking a direction to the respondent police not to implicate the petitioner in any crime and also sought an interim direction not to arrest him during the pendency of the writ petition.
3. Sri A.Manoj Kumar, learned Assistant Government Pleader for Home, basing on written instructions, submits that so far A.1 to A.6 were arrested and the petitioner is none other than the cousin of A.2. 3 He submits that it has been confessed by A.2 that the petitioner helped in sending messages of aspirants through Samsung smart phone of A.2. When the petitioner came to know about this, on apprehension, he has come up before this Court. Taking into consideration the confessional statement and after conducting further enquiry, the respondent police are going to take steps to array the petitioner as an accused. He submits that they are conducting a fair and impartial investigation and the presence of the petitioner is very much required for the purpose of investigation. The petitioner has come up with this writ petition only to divert the attention of the Investigating Agency, when the investigation is at crucial stage. It is submitted that the petitioner is not entitled any relief from this Court.
4. The relief that is sought by the petitioner is not to implicate him in any case. According to the petitioner, he is unconnected with Crime No.575 of 2022 and the respondent police cannot take into consideration the confessional statement of A.2 and cannot be arrayed him as an accused. The case is at the investigation stage and whether basing on a confession of A.2, the petitioner can be arrayed as an 4 accused or not, at this stage, the Court cannot interfere with the investigation process. The police officers are at liberty to conduct free and fair investigation. If the petitioner is arrayed as accused at a later time, the petitioner feels that there are no allegations against him and initiation of criminal proceedings is an abuse of process of law, he can always file an appropriate application under Section 482 Cr.P.C. At this point of time, this Court cannot go into all these issues and interfere with the investigation process. Hence, this Court has no reason to entertain this writ petition.
5. Accordingly, this Writ Petition is disposed of directing the respondent police to issue a prior notice, if the presence of the petitioner is required in the said crime by mentioning the date and time. No order as to costs.
Miscellaneous applications, pending if any, shall stand closed.
__________________________ LALITHA KANNEGANTI, J August 11, 2022 mar