This order granted the petitioner's writ petition directing the police respondents to remove his name from records as an accused/suspect following his acquittal, citing the judgment that declared him not guilty.
Direction to delete/remove the petitioner's name from police records as an accused/suspect.
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.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
FRIDAY, THE TENTH DAY OF NOVEI\4BER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO:24507 OF 2021
Between:
Porashettit\ilallesh,S/o. Rayalingu, aged 48 years Occ. Rice Mill Owner,Rl/o. Kyathnapalll Asifabad, Asifabad Distri-t ierstwhile Adilabad District)
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, to declare the action of the respondents police in not remove / delete the name of the petitioner as accused / suspect and suspect in the police records pursuant to the Judgment dated 28.11.2013 in C.C. No. 47112007 on the file of court of the Judicial First Class Magistrate at Asifabad stating that the accused no.1 and 3 are found not guilty for the offence under Section 379 of IPC by not considering the same, the respondents police showing the petitioner name as accused in the police records is highly illegal and arbitrary and against the principles of natural justice and also violative of Articles 14, '19 and 21 of the Constitution of lndia and consequently direct the respondents police to remove / delete the name of the petitioner as accused in the police records in the interest of justice.
lA NO: 1 OF 2021
Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents police to delete / remove the name of the petitioners from the police records as accused by considering the Judgment dated 2g.1 1.2013 in c.c. No. 47112007 on the file of court of the Judicial First class Magistrate at Asifabad, pending disposal of main writ petition.
Counsel for the Petitioner: SRI AJAy KUMAR MADISETTY
Counsel forthe Respondents: AGp FOR HOME
The Court made the following: ORDER
;7
THE HON'BLE SRI JUSTICE C,V. BHASKAR REDDY
WRIT PETITI ONNo.245O7 of 20.21,
ORDER:
This Writ Petition, under Article 226 of the Constitution of
India, is filed by the petitioner, seeking the following relief:
"...to issue a Wi[ Order or Dtrection more particularlg one in the nature of Wit of Mandamu5 to declare the action of the reipondents potice in not remove/ delete th.e nome of the petitioner as accased / suspect and. suspect in the police records pursuant to the Jud.gment dated. 28. j 1.2013 in C.C.No.471/20O7 on the fte of court of the Judiciat Firs, Class Magistrate qt Astfabad stating that the accuied. no.1 & 3 are found not gailty for the offence under Section 379 ol IpC bg not con_sidering the samq the respondents police shotuing the petitionei name as accused in the police records is h)ghly illegal and arbitrary and. against the pinciples of naturql justice and also uiolatiue of Articles 14, j9 and bl of tne Constitution of India and cotsequentlA d.irect the respondents potice to remove/ delete the name of the petitioner as accused in the poLice record.s in the interest of justice....."
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2
and frequently summoning him to the Police Station, which is causing great hardship to him and therefore, he prays this Court to direct the respondents-police to delete his name as accused/suspect in the police records.
3
As a sequel, miscellaneous applications pending if any in this
writ petition, shall stand closed. No costs.
SDI C. PRAVEEN KUMAR ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
BSR GJP
HIGH COURT
DATED: 1011112023
ORDER
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WP.No.24507 ot 2021
DISPOSING OF THE WRIT PETITION, WITHOUT COSTS
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3 issues framed by the court
Whether the police should be directed to delete the petitioner's name as accused/suspect from their records following his acquittal.
Whether the petitioner's name can be retained in police records despite the pending disposal of a related miscellaneous application.
Whether the petitioner's continued presence in police records violates principles of natural justice.
3 provisions across 3 enactments
Porashetti Tilallesh
The State of Telangana
Superintendent of Police, Asifabad District
Deputy Superintendent of Police, Asifabad
Station House Officer, Thiryani Police Station
C.V. BHASKAR REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
