Telangana High Court
Sri. M. Bhaskar Rao vs The State Of Telangana And 3 Others on 20 October, 2020
Author: P. Naveen Rao
Bench: P.Naveen Rao
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.17226 of 2020
Date: 20.10.2020
Between:
M.Bhaskar Rao S/o.Reddiya,
Aged about 53 years, occ: Service (Superintendent,
O/o.DGE, SSC Board, Hyderabad),
R/o.H.No.2-2-647/29/1/A,
Central Excise Colony, Bhag Amberpet, Hyderabad.
.....Petitioner
And
The State of Telangana,
Rep.by its Principal Secretary,
Home Department,
Secretariat, Hyderabad and others.
.....Respondents
The Court made the following:
2
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.17226 OF 2020
ORDER:
Heard learned counsel for petitioner and learned Assistant Government Pleader for Home.
2. Petitioner is a Government servant and is residing in H.No.2-6-647/29/1/A, Central Excise Colony, Bhag Amberpet. It appears petitioner and his neighbour have some disputes. His neighbour by name Smt.R.Sudha lodged complaint with the Amberpet Police Station and the same is registered as Crime No.384 of 2013 under Section 509 IPC. After completing the investigation, charge-sheet was filed. The IV Additional Chief Metropolitan Magistrate took cognizance as C.C.No.147 of 2014 and said case was disposed of by judgment dated 17.06.2015. In said case, petitioner was acquitted of the charges levelled against him. However, it appears that disputes are continued. Petitioner now alleges that based on oral complaint by a person by name Smt.R.Sudha, he was called to the 4th respondent-police station on 26.09.2020. He was taken to the cabin of Station House Officer and the Station House Officer by name Sri B.Mohan Kumar scolded the petitioner and abused him in unparliamentary language briefly stated in paragraph No.4 of the affidavit filed in support of the writ petition. It appears petitioner recorded the conversation took place on the said date. Petitioner, therefore, filed this writ petition seeking declaration on the action of the 4th respondent in harassing him by repeated phone calls and abusing in unparliamentary language and taking him into custody on 26.09.2020 is illegal and amounts to abuse of power and 3 authority affecting right to life, liberty and privacy of the petitioner. Petitioner also alleges that he was frequently called to the police station.
3. However, petitioner has not complained about conduct of the 4th respondent to higher authorities, but straightaway invoked the jurisdiction of this Court under Article 226 of the Constitution. These are all aspects which require verification and consideration by the competent authority. The Writ Court can exercise jurisdiction in such matters, only if higher authority fails in taking action against erring subordinate police in dealing with general public, in the present case, against petitioner.
4. What is now alleged in the affidavit filed in support of the writ petition, if proved, is a serious issue. No police officer can use unparliamentary language, can detain any person and summon the person to police station frequently without crime being registered or without following due process.
5. Having regard to the above, the writ petition is disposed of granting liberty to the petitioner to submit petition to the Commissioner of Police, Hyderabad narrating all the events which necessitated instituting this writ petition and also enclosing relevant material available with him. If such petition is filed before the Commissioner of Police, he shall act with due diligence and take appropriate action as warranted by law and decision taken on the petition filed by the petitioner shall be communicated to him within six weeks from the date of receipt of such petition from the petitioner. It is needless to observe that police shall not call the petitioner to the police station without following due process and 4 only if a crime is registered against the petitioner. Pending miscellaneous petitions, if any, shall stand closed.
____________________ P. NAVEEN RAO, J 20.10.2020 Nvl 5 HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.17226 of 2020 DATED: 20.10.2020 Nvl