Disposed

Syed Ali Asghar v. The State of Telangana

Telangana HC7 Jun 2023WP/10806/2023

Case brief

AI extract

What is this about?

In a writ petition challenging alleged mental and physical harassment by police officers regarding a specific FIR, the High Court of Telangana disposed of the matter by directing the police not to interfere with the petitioner's personal liberty except under established legal procedures.

What did the court decide?

Directed the respondent police not to interfere with the personal liberty of the petitioner except under the procedure established by law.

Syed Ali Asghar Vs The State of Telangana — Criminal Trial and Appeal | Telangana HC (2023)

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t^32e6I

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY,THE SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 10806 OF 2 023

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Between

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Syed Ali Asghar, S/o Syed Shamshul Huda, Aged about 55 yrs, Occ. Business, Rl/o Doodh Bowli, Hyderabad.

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...PETITIONER

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AND

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The State of Telangana, through its Principal Secretary, Home, Having office at T.S. Secretariat Hyderabad.

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The Commissioner of Police, Hyderabad City, having office at Basheerbagh, Hyderabad.

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The Station house officer, P.S. Chandrayangutta, Hyderabad.

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The Sub lnspect of Police, Mr. G. Anjaneyulu, P.S. Chandrayangutta, Hyderabad.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order, direction or a writ particularly in the nature of Writ of Mandamus 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 u nconstitutional. 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 dispute under FIR No. 128 of 2013, under the garb of investigation.

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lA NO:^'f OF 2023'

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Petition rnle Siection'1 51 CPC praying that in the circ,rmstances stated in the affidavit filed in ru cport of the petition, the High Court m:ry be pleased to pass an interim direc.tion hereby directing the respondents No.3 a rcl 4 rrot to harass the petitioner in arry mi Lnner by adopting illegal and coercive tn(:,thods to settle the dispute under^FIR Nr. l28 of 2013 underthe garb of investigati,rn.

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Counsel for thr: Pet tioner : SRl. MOHAMMAD ADNAN

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Counsel for the Rer pondents: AGP FOR HOME

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.10806 of 2023

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ORDER:

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This Writ Petition has been filed for the following relief:

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".. -..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 togcther and compelling him to settle disputes under FIR.No.I2S of 2023 tnder the threat ofjudicial remand, is highly itlegal, 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 of2013, under the garb of investigation."

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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

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A"{R, J !' P No 10a06 o 2023

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l.
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and lodg,:d II complaint before the police, w 10 in tum register',:d tre same as Crime No.128 of 202'.\ against the petitioner a rcl his son. Seeking to quash the s,aid FIR, the petitionol hi s filed Criminal Petition No.2003 o.'1,1023 before this Cour-t u rcler Section 482 Cr.P.C. and this Co rri vide order dated 28.02 2023 has disposed of the said Criniinal Petition directinl3 th.: police of Chandrayangutta Police Station to follow the p o,;edr.rre contemplated under Soction ztlA Cr.P.C. and the gur lelines given by the Hon'ble Supre ute (lour1 in Arnesh Kun ar v. State of Bihart. In compliarrc,: rvith the directions tssued by this Couft, the respondent lrolice have issued a noti :r: under Section 41A Cr.P.C. to the lre itioner and the crirlre is prending investigation. It is also thc r:as,: of the petitionr:r r.iri t :ven though this Court has directed the police to follow the pr ol;edure contemplated under Section 4lA Cr.p.C., the resprtn,Ce r1 police summoned him to the polic: ijta:ion and made him tc sit hours together and directed him to sr:ttle the

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I zo r+16; s:'c::i.t

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AAR, J W.P.No.l0A06 of2O23

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I I

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matter with the de facto complainant.^Underthese circumstances, the^{petitionerwas constrainedto approach this} Court by way of filing the^present Writ^Petition

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Learned Assistant Government Pleader for Home^has submitted that in^pursuance of^{the orderdated 28.02.2023} passed by this Court in Criminal Petition^No.2003 of^{2023, the} petitioner has been served with the^{notice underSection 4lA} Cr.P.C. He has further submitted^that if^{the presence of the} petitioner is required for the^purpose ofinvestigation^{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 SupremeCourt in the} case of Arnesh Kumar^{(1 supra).}

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In view of the above, this Writ^{Petitionis disposedof} directing the respondent^{police not to interferewith the} personal liberty of the^petitioner except^{under the procedure} established by law.^{However,the potitioner shall cooperate}

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i..r. :ii ::r ILA R, J ,./ l'.N ) l0806 o12023

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1 I '

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with the .1r.'eritigating agency to complete the irv,:stigation in

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Crirne l\c,. l2ili of 2023 of Chandrayangutta Polic : lital ion.

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NIiscr ll;ineous applications, if any pending, shall stand

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olosed. Thc e shall be no order as to costs.

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:3D/.V.KAVITHA

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ASSISTAhIT^REGISTRAR //rRUE GoPY// ,#<frio*^oFFlcER

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,#<frio*^oFFlcER

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'o',,^{The principal Sr.'cretary, state of Telangana' through its l-lom:'Havingoffice}

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, +ll^{:j;;:;;l;,?lH,i1""Ji::lHvo""u'acitv' having ojri(:e at Basheerbagh'} Hvderatratl ^^^{n u^^-t.o,onntttt}

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1. The^{Station I or tse ofricer' P'S' Chandrav""'9:t:'=HLl:l;l?rX!t"n'n''} ; iii; ;;i,^{lnsl er;t of Police'Mr' G Anjanevutu'r} 5 HlderabadOhe^{CO trr} : ;Rl MOHAMMAD^{ADNAN'Advocate'[OPJ':'J'} --^^ Trlvo COs COs^to GiP FoR^HOME 'High^{to"ti:"rGsiate o'ierangana at}

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t) Trlvo COs COs^to Hyderabad^C)UTl

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7 Two C[)^{Cot ,res}

SB GJP N,-

I l l l

HIGH COURI

DATED:07106t2023

ORDER

WP.No.10806 of 2023

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DISPOSING^()F THE WRIT PETITION WITHOUT CC STS

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(totc41.t

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Syed Ali Asghar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Syed Ali Asghar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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