Disposed

Mohammed Jaffar Sharif v. The State of Telangana

Telangana HC2 Jan 2024WP/20262/2023

Case brief

AI extract

What is this about?

A writ petition alleging that the Station House Officer was interfering with the petitioner's personal life by frequently visiting his house though no crime was registered against him. The Court noted warrants pending against the petitioner's son and directed the respondent to follow Cr.P.C. procedure, disposing of the petition without costs.

What the court decided

AI extract

Mohammed Jaffar Sharif Vs The State of Telangana — Criminal Trial and Appeal | Telangana HC (2024)

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[³²⁹⁵ ]

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HIGH COURT^{FOR THE STATE OF TELANGANA} AT HYDERABAD (SPecial Original Jurisdiction)

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TUESDAY ,THE^{SECONIDDAYOF JANUARY} TWO THOUSAND^{AND TWENTY FOUR}

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PRESENT

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THE HONOURABLE^{SRIJUSTICE C.V. BHASKARREDDY}

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WRIT PETITION NO:^{20262oF 2023}

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Between:

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MohammedJaffarSharif,s/o.Late.MohammedSanrva'.rSharif,{oeauoutzr yeari, Occrpation. Nill, R/o. H.No.^{13$437111H11'Khadarbagh, Golconda'} HYderabad'

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..PETrroNER

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AND

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The State of^{Telangana,Through Home. Department, Representedby its} Princioal Secretary, Secretariat^{Build ings, Hyderabad'}

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z iiii, io'|' ri*6ne"' oi Fotice,^{Cvberaba? Cohmiss ionerate, Hyderabad'}

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iil Staiid House^{officer, Nar6ingiPolice Station, Hyderabad'}

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...RESPONDENTS

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Petition under Article^{226 of lhe constitutionof lndia praying that in the} circumstances stated^{in the affidavit filed therewith, the High courtmay be} pleased to issue writ, order or^{direction particularlyonein the natureof writ of} Mandamus declaring^{the action of the 3rd respondentin inter{eringwith the} personallifeofthepetitionerandhisfamilymembersbyregularlyvisitingthe house, without there^{beingany crime is registered against the petitioner, without} following due^{processof law, as arbitfary, illegal, in violationof the Articb21 of} the Constitution of^lndia

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lA NO: 1 OF 2023

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Petition under^{section 151 CPC praying that in the circumstances statedin} the affidavit filed^{in support of the petition,the Highcourtmay be pleased to} direct the 3rd^{Respondentnot to interferewith the personal life of the petitioner} and his family^{members,pending disposal of the main Writ petition}

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Counsel for the Petitioner:^{SRl. MOHD ISLAMUDDIN ANSARI} Counsel for the Respondents:^{GP FOR HOME} The Court made^{the following: ORDER}

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HON'BLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION No.2O262 of2O23

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ORDER:

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This writ petition is filed praying this Court to declare the action of respondent No.3 in interfering with the personal life of the petitioner and his family members by regularly visiting his house, without there being any crime registered against him and without following due process of law, as arbitrary, illegal and in violation of the Article 2l of the Constitution of India.

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It is the case of the petitioner that a case was registered against his son uiz., M.A.Wtadar Shareef and after conducting investigation, charge sheet was laid against him and the same was taken into cognizance by the learned XIII Additional Metropolitan Magistrate, Rajender Nagar and numbered as C.C.No. 142 of 2OL9, registered for the offences punishable under Sections 419 and 465 of IpC. It is the further case of the petitioner that his son is living abroad. The grievance of the petitioner in this writ petition is that re3p6naent No.3 is frequently summoning him to the

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police station.and also visiting his house at odd hours ald causing inconvenience to him.

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Learned Assistant Government Pleader for Home ' appearing for respondent Nos. I to 3 has submitted that the son of petitioner is accused in C.C.No.l47 of 2Ol9 and nonbailable warrants are pending against him and respondent No.3 is visiting the house of the petitioner for executing warrants pending against the said Khadar Shareef, but respondent No.3 is not interfering with the life and liberty of the petitioner in any manner.

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In view of the said submissions, this Court, deems it appropriate to dispose of the writ petition, directing respondent No.3 to follow due procedure contemplated under Cr.P.C., either for searching the house of the petitioner or for executing non-bailable warrants pending against the son of tlre petitioner in C.C.No.l47 of 2019.

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With the above observations, this Writ Petition is disposed of. No costs.

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As a sequel, the miscellaneous petitions pending, if

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any, shall stand closed.

SD/- T.JAYASREE

ASSISTANT REGISTRAR

//TRUE COPY//

SECTIONFdFFICER

To,

The Principal Secretary, Home Department, Secretariat Buildings,

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T.S.,Hyderabad.

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The Commissioner of Police, Cyberabad Commissionerate, Hyderabad

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The Station House fficer, Narsingi Police Station, Hyderabad.

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Two CCs to GP FOR HOME ,High Court for the State of Telangana, at

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Hyderabad [OUT]

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One CC to SRl. MOHD ISLAMUDDIN ANSARI Advocate [OPUC]

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Two CD Copies

BM(Y

HIGH COURT

DATED:0210112024

ORDER

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WP.No.20262 ot 2023

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DISPOSING OF THE WRIT PETITION WTHOUT COSTS

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\ ')/\4

Mohammed Jaffar Sharif v. The State of Telangana

Case brief

What is this about?

What the court decided

Mohammed Jaffar Sharif v. The State of Telangana

Case brief

What is this about?

What the court decided

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