Telangana High Court
Adapa Shiva Sankar Babu vs The State Of Telangana And 3 Others on 9 February, 2023
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.3629 OF 2023
ORDER:
This writ petition is filed to issue a writ of Mandamus declaring the action of respondent Nos.3 and 4 in interfering with personal liberty of the petitioner, as illegal and arbitrary, and consequently, to direct respondent Nos.3 and 4 not to harass and intimidate the petitioner.
2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Home, and perused the material available on record.
3. Learned counsel for the petitioner submitted that the petitioner is accused in Crime No.519 of 2022 of Ramchandrapuram Police Station, Crime No.562 of 2022 of KPHB Colony Police Station, Crime No.716 of 2022 of Gachibowli Police Station and Crime No.718 of 2022 of Madhapur Police Station (Guttala Begumpet). The petitioner was in judicial custody for a period of 163 days and was released on bail in all the above four cases. Respondent Nos.3 and 4 are pressurising the petitioner to settle the disputes with the complainants and they had been harassing him continuously and also threatening him that he will be booked under Preventive Detention Act. The guidelines issued by the Honourable Apex Court in Arnesh Kumar v. 2
BVR,J W.P.No.3629_2023 State of Bihar1 were not followed and the petitioner was illegally arrested and remanded even when all the offences in the above referred four cases are punishable with less than seven years imprisonment.
4. Learned Assistant Government Pleader for Home, having received the written instructions, submitted that the petitioner is a habitual offender and he has cheated several women by marrying them on false promises and having physical relationship with them and also he projected himself to be a wealthy person. The petitioner cheated all the women with whom he had relationship and took several amounts from them. PT warrant was issued against the petitioner on 11.08.2022 in First Information Report No.562 of 2022. After finalising investigation, appropriate report will be filed before the competent court. Charge sheet was filed in First Information Report No.716 of 2022 and Calender Case number is awaited. So also, Crime No.519 of 2022 and 718 of 2022 are pending trial. The police are discharging legitimate duty and never harassed the petitioner. Learned Assistant Government Pleader further submitted that the allegation of the petitioner that respondent Nos.3 and 4 threatened to detain him under Preventive Detention Act, is not correct.
5. Recording the aforesaid submissions of the learned Assistant 1 (2014) 8 SCC 273 3 BVR,J W.P.No.3629_2023 Government Pleader, the writ petition is disposed of directing respondent Nos.3 and 4 not to interfere with personal liberty of the petitioner without following due process of law.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. No order as to costs.
____________________ B. VIJAYSEN REDDY, J 09.02.2023 vv