A writ petition challenging police summoning without following due procedure as per Arnesh Kumar judgment. Court directed respondents to follow law and not violate life/liberty rights.
Respondents 3 to 5 directed to follow due procedure; not to violate life and liberty rights of petitioner without 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.
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
MONDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKARREDDY
WRIT PETIT]ON NO: 2792OF 2024
Between:
Shaik Abid, S/o Shaik Hussain, Aged33 yrs, Occ:Business,Ri/o H. No. 35- 346, Kalavathi Nagar, ShahpurNagar, Qutbullapur, Medchal-Malkajgiri District.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226of the Constitution of lndia prayingthat in the circumstances stated inthe affidavit filedtherewith,the High Court maybe pleased to issue a writ, order or direction, moreparticularlyone in the nature of WRIT OF MANDAMUS declaringthe actionof the respondents more particularly the respondents moreparticularly that of the respondent nos. 3'to 5 in calling the petitioner to police station and interfering with his life andlibertyand threatening with dire consequences and foistingof false criminal casesagainst him without following dueprocedure, as beingillegal, arbitrary,unconstitutionalandin violation of Articles 14 and 21 of constitutionof lndia and consequently directthe respondents not to interfere with lifeand liberty of petitioner without following due process of law.
lA NO: 1 OF 2024
Petition under Section 151 CPCpraying that in the circumstancesstated in the affidavit filed in support of thepetition, the HighCourtmay be pleasedto direct the respondents not to interferewith life and liberty of petitioner without following dueprocess of lawpending disposal ofthe abovewrit petition.
Counsel for the Petitioner: SRI P, LAKSHMA REDDY
Counsel for the Respondents: ASST. GP FOR HOME
The Court made the following: ORDER
I I
I I
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.2792 of 2o.24
ORDER:
This Writ Petition is filed praying this Court to declare the action of respondent Nos.3 to 5 in calling the petitioner to the police station; interfering with his life and liberty; threatening him with dire consequences and foisting of false cases against him without following due procedure, as illegal and arbitrary.
grievance of the petitioner in this writ petition is that even after
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CVBR, J Wp 2'792 2024
the directions of this Court in Criminal Petition Nos. 12644 and 12677 of 2023, dated 22.12.2023 and 26.t2.2023 respecrively, respondent Nos.3 to 5 are frequently summoning him to the poiice station and confining him for hours together in violation of the civil rights of the petitioner.
SD/. NAYANICHANDRA SEKHARRAO ASSISTAN GISTRAR
//TRUE COPY//
SECTIONOFFICER
HIGH COURT
CC TODAY
DATED:0510212024
ORDER
WP.No.2792 ol 2024
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DISPOSING OF THE WRIT PETITION WITHOUT COSTS
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1 issue framed by the court
Whether directional order after recalling Arnesh Kumar judgment would prevent violation of petitioner's life and liberty by police summoning without procedure.
Colour shows how this judgement treated each authority
Arnesh Kumar Vs State Of BiharReferred¶29
Arnesh Kumar Vs. State Of Bihar
Shaik Abid
State Of Telangana
Commissioner of Police, Cyberabad
Deputy Commissioner of Police, Balanagar Zone
Assistant Commissioner of Police, Balanagar Division
Station House Officer, Jagadgirigutta P. S.
C.V. BhaskarReddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
