The High Court disposed of the writ petition at the admission stage, directing the police not to summon or interfere with the petitioner's life and liberty unless due process of law is followed.
Directed the respondent police not to summon the petitioner or interfere with his life and liberty without following due process of law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE C. PRAVEEN KUMAR
WRIT PETITION NO. 22836 of 2017
ORDER :
Heard both sides. With the consent of both parties the writ petition is disposed of at the admission stage.
2
65 of the said judgment, while dealing with issue of forcibly summoning a person to the police station, observed as under:
“ 65. No person can be forcibly summoned to a police station except in accordance with law, including the provisions of the CrPC. Exercise of power by police officers, and the mode and manner of its exercise, is circumscribed by the provisions of the CrPC. Conferment of power is only to enable police officers to effectively discharge their statutory/ legal obligations. Exercise of power, otherwise than in furtherance of a statutory/ legal duty, is an abuse of power” .
Consequently, miscellaneous petitions, if any pending, shall stand closed.
_________________________ JUSTICE C. PRAVEEN KUMAR
11.07.2017 vhb
1 issue framed by the court
Whether the respondent police is entitled to forcibly summon or interfere with the petitioner's life and liberty without following due process of law.
Colour shows how this judgement treated each authority
G.B.C. Raj Gopal vs. The Government of A.P.Referred¶8
G.B.C. Raj Gopal vs. The Government of A.P. Rep., by The Principal Secretary, Home Department, Secretariat Buildings, Secretariat, Hyderabad, A.P. and six other
1 provisions across 1 enactments
Petitioner
Respondent Nos.1 and 2
C. Praveen Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
