Allowed

S.Murugan v. The Station House Officer

Telangana HC2 Dec 2004WP/22177/2004

Case brief

AI extract

What is this about?

This order, on admission of a writ petition alleging arbitrary harassment by an SHO without a registered case, directed the respondent not to require the petitioner's presence or harass him unless a case is registered for investigation under Cr.P.C. procedure.

What did the court decide?

Directed the respondent not to require the petitioner to attend the Police Station or harass him unless any case is registered against him and his presence is required for investigation.

S.Murugan Vs The Station House Officer — Writ and Judicial Review | Telangana HC (2004)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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(Special Original Jurisdiction)

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THURSDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND FOUR

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PRESENT

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THE HON'BLE MR JUSTICE L.NARASIMHA REDDY

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WRIT PETITION NO : 22177 of 2004

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Between:

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S.Murugan S/o.Sedhudevar Shop D.No.14-20, Nandyal Road, Nandikotkur, Kurnool Dist.

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..... PETITIONER

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AND

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The Station House Officer Nandikotkur Police Station, Nandikotkur, Kurnool Dist.

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.....RESPONDENT

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Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue any writ, order or direction particularly a writ in the nature of Mandamus direct the respondent not to interfere with the lawful and rightful business activities of the petitioner without following due process of law by declaring the action of the respondent as arbitrary, illegal and violative of articles 14,19 (1) (g) and 21 of the Constitution of India..

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Counsel for the Petitioner:MR.B.M.PATRO

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Counsel for the Respondent : GP FOR HOME

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The Court, at the stage of admission, made the following :

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ORDER:

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Petitioner alleges that the respondent-Station House Officer, Nandikotkur Police Station is calling him to the Police Station and harassing, without there being any complaint or without registration of any case.

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Heard the learned counsel for the petitioner and the learned Government Pleader for Home.

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Petitioner claims to have established business at Nandikotkur. He contends that even in the absence of any complaint and without registration of any case, the respondent is calling him to the Police Station and administering threats.

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If the petitioner is guilty of indulging in any unlawful or objectionable activities, it shall always be open to the respondent to register a case under the relevant provisions of law, and take up the investigation in accordance with the procedure prescribed under Cr.P.C. The respondent has no right to call the petitioner to the Police Station indiscriminately and to harass him. Such action would amount to violation of fundamental rights of the citizens.

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Hence, the writ petition is disposed of directing that the respondent shall not require the petitioner to attend the Police Station or otherwise harass him, unless any case is registered against the petitioner and the presence of the petitioner is required for investigation of the same. There shall be no order as to costs.

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L.NARASIMHA REDDY, J

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Dated : 2^nd December, 2004

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Note: Office to furnish copy

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by 06.11.2004 (B/o.) Ts

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1 The Station House Officer Nandikotkur Police Station, Nandikotkur, Kurnool Dist.

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2 2 CCS to the G.P. for Home, High Court of A.P., Hyderabad (OUT).

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3 2CD copies

S.Murugan v. The Station House Officer

Case brief

What is this about?

What did the court decide?

S.Murugan v. The Station House Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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