Telangana High Court
Syed Ali Asghar vs The State Of Telangana on 7 June, 2023
THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.10806 of 2023
ORDER:
This Writ Petition has been filed for the following relief:
".....declaring that the action on part of the respondents No.3 and 4 in harassing the petitioner mentally and physically by way of abusing him and threatening him making him sit in the police station for hours together and compelling him to settle disputes under FIR.No.128 of 2023 under the threat of judicial remand, is highly illegal, arbitrary and unconstitutional. Consequently, this Hon'ble Court may be pleased to direct the respondents No.3 and 4 not to harass the petitioner in any manner by adopting illegal and coercive methods to settle the disputes under FIR.No.128 of 2013, under the garb of investigation."
It is the case of the petitioner that he is one of the accused in Crime No.128 of 2023 of Chandrayangutta Police Station, Hyderabad, registered for the offences punishable under Sections 420, 468, 406 and 506 IPC read with Section 34 IPC. It is his further case that in regard to a financial transaction between his son and the de facto complainant, the de facto complainant threatened him with dire consequences AAR, J 2 W.P.No.10806 of 2023 and lodged a complaint before the police, who in turn registered the same as Crime No.128 of 2023 against the petitioner and his son. Seeking to quash the said FIR, the petitioner has filed Criminal Petition No.2003 of 2023 before this Court under Section 482 Cr.P.C. and this Court vide order dated 28.02.2023 has disposed of the said Criminal Petition directing the police of Chandrayangutta Police Station to follow the procedure contemplated under Section 41A Cr.P.C. and the guidelines given by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar1. In compliance with the directions issued by this Court, the respondent police have issued a notice under Section 41A Cr.P.C. to the petitioner and the crime is pending investigation. It is also the case of the petitioner that even though this Court has directed the police to follow the procedure contemplated under Section 41A Cr.P.C., the respondent police summoned him to the Police Station and made him to sit hours together and directed him to settle the 1 2014(8) SCC 273 AAR, J 3 W.P.No.10806 of 2023 matter with the de facto complainant. Under these circumstances, the petitioner was constrained to approach this Court by way of filing the present Writ Petition.
Learned Assistant Government Pleader for Home has submitted that in pursuance of the order dated 28.02.2023 passed by this Court in Criminal Petition No.2003 of 2023, the petitioner has been served with the notice under Section 41A Cr.P.C. He has further submitted that if the presence of the petitioner is required for the purpose of investigation in respect of Crime No.128 of 2023, the respondent police would strictly follow the procedure contemplated under Section 41A Cr.P.C. and the guidelines given by the Hon'ble Supreme Court in the case of Arnesh Kumar (1 supra).
In view of the above, this Writ Petition is disposed of directing the respondent police not to interfere with the personal liberty of the petitioner except under the procedure established by law. However, the petitioner shall cooperate AAR, J 4 W.P.No.10806 of 2023 with the investigating agency to complete the investigation in Crime No.128 of 2023 of Chandrayangutta Police Station.
Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.
_______________________ C.V. BHASKAR REDDY, J 7th JUNE, 2023.
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