Disposed

Mohd. Abdul Faheem v. The State of Telangana

Telangana HC5 Feb 2024WP/2834/2024

Case brief

AI extract

What is this about?

Single judge disposed of Writ Petition No. 2834 of 2024 filed to halt frequent police summonses regarding a civil property dispute. The petitioner sought protection from arbitrary confinement at the police station. The court directed respondents to follow due process if presence is required.

What did the court decide?

Directed respondents to follow due process of law if the petitioner's presence is required.

Mohd. Abdul Faheem Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2024)

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

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MONDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 2834 OF 2024

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Between:

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Mohd. Abdul Faheem, S/o Mohd. Abdul Raheem Aged about 42 years, Occ: Business Rl/o H.No. 18-12-4191142, Hafez Baba Nagar, Bandalguda, Ranga Reddy district

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...PETITIONER

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AND

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1 The State of Telangana, Rep.by its Principal Secretary, Department of Home, Secretariat Buildings, Hyderabad.

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2 The Director General of Police, State of Telangana, Jubilee Hills Hyderabad.

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2 The Commissioner of Police, Rachakonda Commissionerate Rachakonda Medchal-Malkajgiri

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4 The Assistant Commissioner of Police, Shamshabad Ranga Reddy district

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5 The Station House officer, Shabad P.S. Shabad, R.R. District

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Mohammed Arif, S/o late Md. Yousuf Aged 50 years, Occ. Govt. Employee Rl/o H. No. 8-3-2281 1 O37 I A, Rahamathnagar Yousufguda, Hyderabad. 500045

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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 issue an appropriate writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent No. 5 in calling the petitioner to his potice station frequently and to sit hours together to settle the issue with regard to the House Plot of the petitioner admeasuring^'1 50 Sq.yards in Sy.No. 2010 situated at Shabad village and lvlandal, Ringa Reddy district in favour of the 6th respondent is illegal. arbitrary and violative of Article 21 of the Constitution of lndia and also violation of Settled Principles of law laid down by the Hon'ble Constitutional courts and consequently direct the

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respondents 3 to 5 not to call the petitioner to attend the respondent No.5 police station and not to interfere into the civil matter in respect of the above staed house plot of the petitioner.

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lA NO: 1 OF 2024

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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 respondent Nos 3 to 5 not to call the petitioner to attend the 5th respondent police Station frequently, also not to interfere with the civil matter in respect of the petitioner house plot admeasuring 150 Sq.yards in Sy.No. 2010 situated at Shabad village and [Vlandal, Ranga Reddy district pending disposal of the writ petition.

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Counsel for the Petitioner: SRI ABDUL WAHID BASHA

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Counsel forthe Respondent No.1 to 5: ASST. GP FOR HOME

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Counsel for the Respondent No.6: - - - -

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO.2834 OF 2024

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ORDER:

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This Writ Petition is liled to declare the action of the fifth respondent in frequently calling the petitioner to the Police Station and conhning hours together, without registration of any crime against the petitioner, as illegal and arbitrary.

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The case of the petitioner is at the instance of the sixth respondent, the respondents 4 and 5 are frequently summoning the petitioner to the Police Station and confining hours together, without registration of any crime against the petitioner.

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Learned Government Pleader for Home appearing for the respondents 1to 5 submitted that the sixth respondent has lodged a complaint and for the purpose of enquiry, the petitioner was stlmmoned to the Police Station but they are not interfering with the civil rights of the petitioner nor harassing him in any manner.

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In view of the said submission, this Court deems it appropriate to dispose of the Writ Petition directing the respondents to follow due process of law, if the presence of the petitioner is required in any case.

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With the above observations, the Writ petition is disposed

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of.

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There shail be no order as to costs. Miscellaneous

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applications, if any, pending shall stand closed

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//TRUE COPY'

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SD/- L.SIVA PARVATHI ASSISTANT RE ISTRAR

SECTION FFICER

To,

The Principal Secretary, Department of Home, State of Telangana, Secretariat Buildings, Hyderabad.

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The Director General of Police, State of Telangana, Jubilee Hills Hyderabad. 3. The Commissioner of Police, Rachakonda Commissionerale Rachakonda Medchal- IMalkajgiri

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The Assistant Commissioner of Police, Shamshabad Ranga Reddy district 5. The Station House officer, Shabad P.S. Shabad, R.R. District

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One CC to SRI ABDUL WAHID BASHA, Advocate [OPUC] 7. Two CCs to GP FOR HOME, High Cou( for the State of Telangana. [OUTI

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Two CD Copies

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HIGH COURT

DATED:0510212024

ORDER

WP.No.2834 ol 2024

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Mohd. Abdul Faheem v. The State of Telangana

Case brief

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Mohd. Abdul Faheem v. The State of Telangana

Case brief

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