Telangana High Court
V. Raju vs The State Of Telangana on 1 September, 2023
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.24249 of 2023
ORDER:
This writ petition is filed seeking the following relief:-
"...to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents more particularly respondent No.4 in calling the petitioner daily to Amberpet Police Station without following due process of law as arbitrary, illegal and unconstitutional..."
2. The case of the petitioner is that he is eking out his livelihood by running a Kirana and General Stores. It is further case of the petitioner that one B.Rutha W/o Shivanand has lodged a complaint alleging that Yesaiah Huvagenor, who is Pastor in Church and residing in N.T.R. Nagar, has collected the amounts from her with a promise to get the allotment of double bed room house. Basing on the said complaint a case in Crime No.389 of 2023 was registered against the said Yesaiah Huvagenor for the offences punishable under Sections 406 and 420 of I.P.C. The grievance of the petitioner is that even though he is no 2 CVBR, J Wp_24249_2023 way connected with the said crime nor his name is mentioned in the F.I.R., the respondents-police are summoning the petitioner frequently to the police station and forcing the petitioner to confess the offence.
3. The learned Assistant Government Pleader for Home appearing for the respondents has submitted that basing on the confessional statement given by the accused in Crime No.389 of 2023 the petitioner was summoned to the police station and after conducting investigation if the petitioner's involvement is revealed they will follow the procedure as required under Cr.P.C.
4. In view of the above submissions, this Court deems it appropriate to dispose of the writ petition directing the respondents not to summon the petitioner or confine him to hours together in the police station and if the presence of the petitioner is required in any of the criminal case, the respondents-police are directed to follow the procedure contemplated under Section 41-A of Cr.P.C. and the 3 CVBR, J Wp_24249_2023 guidelines issued by the Hon'ble Apex Court in Arnesh Kumar Vs. State of Bihar 1.
5. With the above observations, the Writ Petition is disposed. No costs.
6. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
________________________________ JUSTICE C.V.BHASKAR REDDY 01.09.2023 gkv 1 (2014) 8 SCC 273