This single-paragraph order accepted the Deputy Government Pleader's submission that the SHO summoned the petitioners merely to inquire about an absconding accused. Consequently, the petitioners' complaint of harassment was noted, and the Writ Petition was closed without any liberty or specific relief being granted.
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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No.33772 of 2022
ORDER:-
The grievance of the writ petitioners is that the 3rd respondent – Station House Officer of Kalikiri Police Station has been repeatedly calling them to the Police Station and insisting them to settle the matrimonial dispute of the daughter of the petitioners with the 4th respondent and thereby making them to sit in the Police Station for hours together.
Therefore, the petitioners sought declaration by way of mandamus that the said action on the part of the 3rd respondent at the instance of the 4th respondent is illegal and arbitrary and consequently sought direction to the 3rd respondent not to summon the petitioners to the Police Station and detain them in the Police Station.
Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home appearing for respondents 1 to 3.
Learned Assistant Government Pleader for home, on written instructions, would submit that the daughter of the petitioners by name P. Mounika is the wife of the 4th respondent and she lodged a report with the police and the said report was
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registered as a case in Crime No.111 of 2022 for the offences punishable under Sections 420, 406 and 506 r/w 34 IPC and the petitioners, who are her parents, are A-2 and A-3 in the said crime. He would submit that the investigation in the said crime is now pending. He would submit that A-1 in the said crime is residing in London and in order to ascertain his whereabouts in London to secure his presence in the said crime that the 3rd respondent has only summoned the petitioners to the Police Station to inquire about the whereabouts of A-1. He would submit that except making an inquiry regarding the whereabouts of A-1 in the said crime, the 3rd respondent never harassed the petitioners and he did not make them sit in the Police Station for hours together as alleged in the Writ Petition.
Learned Assistant Government Pleader for home has also placed on record the written instructions received by him to that effect from the 3rd respondent.
Therefore, recording the aforesaid submission made by learned Assistant Government Pleader for Home on written instructions that only to know the whereabouts of absconding A-1 that the 3rd respondent summoned the petitioners to the Police Station and that he is not harassing the petitioners and
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making them to sit hours together in the Police Station, the Writ
Petition is closed. No costs.
Miscellaneous petitions, if any pending, in the Writ
Petition, shall stand closed.
______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY
Date: 17.10.2022 AKN
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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No. 33772 of 2022
Date: 17-10-2022
AKN
2 issues framed by the court
Whether the summons of petitioners to inquire about an absconding accused amounts to illegal detention and harassment.
Whether the Writ Petition for mandamus seeking direction not to summon petitioners should be allowed.
Petitioners(P. Mounika's parents)
The State of Tamil Nadu through Home Department
Station House Officer of Kalikiri Police Station
The 4th Respondent (Wife of Petitioners' daughter)
Cheekati Manavendrnanath Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
