Telangana High Court
Adimulam Madhavi Latha vs The State Of Telangana, on 28 February, 2023
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.4242 OF 2023
ORDER:(ORAL) This writ petition is filed to declare the action of respondent No.3-Station House Officer, Narsingi Police Station, and his subordinates, in calling and harassing the petitioner without following due process of law, as being arbitrary and violative of Article 21 of the Constitution of India.
2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Home, and perused the material available on record.
3. Having received the written instructions, learned Assistant Government Pleader for Home submitted that petition dated 22.09.2022 was received from the petitioner. GD entry was made. Enquiry was conducted. It was revealed that the disputes between the petitioner and complainant in First Information Report No.93 of 2023 of Narsingi Police Station are civil in nature, as such, the complaint/petition of the petitioner was closed. While so, on 21.01.2023, respondent No.3 received a Court referred complaint lodged by Pallapu Govardhan and First Information Report No.93 of 2023 under Sections 420, 406 and 506 of Indian Penal Code, 1860 was registered with Narsingi Police Station. Investigation was taken 2 BVR,J WP.No.4242_2023 up. During investigation, police made a call to the petitioner and directed her to appear before the Station House Officer, Narsingi Police Station, for enquiry. The allegation made by the petitioner that police interfered with her personal liberty at odd times and harassed her on the pretext of enquiry is denied. It is stated that except registering the crime, police have not harassed the petitioner nor they have interfered with her personal liberty. A copy of the notice dated 14.02.2023, intimating closure of the complaint of the petitioner dated 22.09.2022, and a copy of First Information Report No.93 of 2023 of Narsingi Police Station, along with written instructions, are served on the learned counsel for the petitioner.
4. Recording the submissions of the learned Assistant Government Pleader for Home, the writ petition is disposed of directing respondent No.3-Station House Officer, Narsingi Police Station, to comply with the procedure contemplated under Section 41A of the Code of Criminal Procedure, 1973, and the guidelines issued by the Honourable Supreme Court in Arnesh Kumar v. State of Bihar1 while conducting investigation in Crime No.93 of 2023 and to follow due process of law. The petitioner is given liberty to invoke appropriate legal remedies, if aggrieved by the closure of her complaint dated 22.09.2022.
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(2014) 8 SCC 273 3 BVR,J WP.No.4242_2023 As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. No order as to costs.
____________________ B. VIJAYSEN REDDY, J 28.02.2023 vv