Dismissed

P. Hima Bindu v. The Station House Officer

Telangana HC9 Mar 2012WP/20493/2011

Case brief

AI extract

What is this about?

Writ petition challenging repeated police summons to the petitioner to give false evidence. The court rejected the prayer in view of the completion of investigation and filing of the final report, granting liberty to the petitioner to take appropriate steps during the trial.

What did the court decide?

Writ petition dismissed; liberty granted to petitioner to take appropriate steps during the trial in Sessions Case.

P. Hima Bindu Vs The Station House… — Constitutional and Fundamental Rights | Telangana HC (2012)

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THE HON'BLE SRI JUSTICE R.SUBHASH REDDY

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WRIT PETITION No.20493 of 2011

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ORDER:

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This Writ Petition is filed with the prayer, which reads as under:

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“For the reasons stated in the accompanying affidavit, the petitioners pray that the Hon’ble Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus:

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(i) declaring the action of the respondents 1 and 2 herein in repeatedly calling the petitioner to the first respondent Police Station since from the month of June, 2010 and forcing her to sign the flase report, which is subject matter of a case in Cr.No.36 of 2010 of P.S.Bibipet and further intimidating her of doing away with her life and the life of her family members and to foist false cases against her in case she does not depose falsely as per their dictation before the Court concerned as illegal, arbitrary, unjust apart from being violative of principles of natural justice and violative of Article 21 of the Constitution of India; and

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(ii) consequently to direct the respondents not to call the petitioner to the Police Station for giving false evidence in PRC.No.11 of 2011 on the file of the Judicial Magistrate of First Class, Kamareddy on being committed to the Court of Session.”

¶8

When the matter is taken up, it is submitted by Sri

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Nandigam Krishna Rao, learned counsel for the petitioner that the respondents are insisting the petitioner to give false evidence in the matter.

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In the counter-affidavit filed by the first respondent – Station House Officer, Bibipet Police Station, Nizamabad District, while denying the allegations of the petitioner, it is stated that in Crime No.36 of 2010 registered on the file of Bibipet Police Station, investigation was completed and final report was filed on 30.11.2010 vide PRC.No.11 of 2011 and the case was also committed to the Court of Session and the same is pending trial.

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In that view of the matter, if any evidence is obtained from the petitioner by force, it is open to her to depose with regard to the same before the Court of Session during the course of trial but no relief can be granted in this Writ Petition in her favour as prayed for in view of completion of investigation and filing of final report in Crime No.36 of 2010.

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Granting liberty to the petitioner to take appropriate steps during the course of trial in Sessions Case, the Writ Petition is closed. No order as to costs.

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R.SUBHASH REDDY, J

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9^th MARCH, 2012.

¶15

kvni

P. Hima Bindu v. The Station House Officer

Case brief

What is this about?

What did the court decide?

P. Hima Bindu v. The Station House Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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